PASSMORE v. HARTFORD INS. CO.

No. 86-8522.

828 F.2d 1519 (1987)

Waunelle S. PASSMORE, as Widow of James Frank Passmore, deceased, and All Persons Similarly Situated, Plaintiffs-Appellees, v. HARTFORD INSURANCE COMPANY and Hartford Accident and Indemnity Company, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 5, 1987.


Attorney(s) appearing for the Case

Malcolm P. Smith, Monet & Smith, Atlanta, Ga., for defendants-appellants.

G. Brinson Williams, Hinesville, Ga., Charles Cook, Vidalia, Ga., for plaintiffs-appellees.

Before HILL and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.


TUTTLE, Senior Circuit Judge:

I.

The issue in this appeal is whether Hartford's supplemental insurance form satisfied the mandate of Georgia law, § 33-34-5(b), for the rejection of optional personal injury protection benefits. The district judge held that the form did not satisfy the statute's requirements. As we find that Hartford's form meets the substantial compliance test now followed by the Georgia courts, the decision of the district court is...

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