WIARD v. PHOENIX INS. CO.

39876.

251 Ga. 698 (1983)

310 S.E.2d 221

WIARD v. PHOENIX INSURANCE COMPANY.

Supreme Court of Georgia.

Rehearing Denied December 15, 1983.


Attorney(s) appearing for the Case

B. Samuel Engram, Jr., for appellant.

Bryan F. Dorsey, Oliver B. Dickens, Jr., for appellee.

James E. Butler, Jr., James A. Goldstein, Thomas S. Carlock, R. Clay Porter, Michael L. Wetzel, John E. James, amici curiae.


GREGORY, Justice.

On October 30, 1974 The Phoenix Insurance Company issued in this state a policy of automobile insurance to Ronald R. Wiard. On October 11, 1975 the named insured's wife, Claire Wiard, was injured in an automobile collision. She was an insured under the terms of the policy. Phoenix claimed the insurance policy afforded only $5,000 coverage without regard to fault per insured injured person, and it paid that amount. Wiard claimed $50,000 coverage....

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