COTTON STATES MUT. INS. CO. v. SMITH

68726.

173 Ga. App. 95 (1984)

325 S.E.2d 408

COTTON STATES MUTUAL INSURANCE COMPANY v. SMITH et al.

Court of Appeals of Georgia.

Rehearing Denied December 17, 1984.


Attorney(s) appearing for the Case

J. Franklin Edenfield, for appellant.

W. Edward Meeks, Jr., J. Reese Franklin, for appellees.


BENHAM, Judge.

Smith was an employee of the City of Enigma on the date he was injured in an automobile accident. The automobile was covered by an insurance policy issued by appellant to the City of Enigma and now provides for $50,000 PIP benefits. Cotton States paid $5,000, then filed a declaratory judgment action seeking a ruling that it was relieved of further liability by the setoff provisions of OCGA § 33-34-8. Smith and the City of Enigma both contend that...

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