BAILEY v. GA. MUTUAL INS. CO.

66612.

168 Ga. App. 706 (1983)

309 S.E.2d 870

BAILEY v. GEORGIA MUTUAL INSURANCE COMPANY.

Court of Appeals of Georgia.

Rehearing Denied November 2, 1983.


Attorney(s) appearing for the Case

Timothy A. Siler, Mark E. Layng, for appellant.

Stephen L. Cotter, Sergio Alvarez-Mena III, for appellee.


CARLEY, Judge.

Appellant, while a pedestrian, was injured when he was struck by a car driven by appellee's policyholder, Gary Patton. Mr. Patton's insurance policy provided only basic personal injury protection ($5,000, the legal minimum), and appellee paid appellant $2,500 in accordance with the policy limits. Appellant's damages allegedly exceeded that amount.

On the theory that Mr. Patton's application for insurance did not comport with the provisions of...

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