STATE FARM FIRE &c. CO. v. MARTIN

69061.

174 Ga. App. 308 (1985)

329 S.E.2d 577

STATE FARM FIRE & CASUALTY COMPANY v. MARTIN.

Court of Appeals of Georgia.

Rehearing Denied March 29, 1985.


Attorney(s) appearing for the Case

Robert M. Travis, Michael L. Chapman, for appellant.

William Q. Bird, Edward R. Still, Gary R. Smith, for appellee.


BEASLEY, Judge.

State Farm appeals the trial court's sua sponte grant of summary judgment to the appellee insured. The appellee was a ten-year-old pedestrian struck by the insured's (Dickinson's) vehicle. Appellee made claim under Dickinson's policy for the policyholder's $10,000 PIP benefits. State Farm paid $2,500 medical benefits contending that the policy contains a valid provision reducing coverage for pedestrians under the now defunct OCGA § 33-34-5: "Each...

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