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STATE FARM MUT. AUTO. INS. CO. v. DAY

A90A0813.

195 Ga. App. 823 (1990)

394 S.E.2d 913

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. DAY.

Court of Appeals of Georgia.

Rehearing Denied June 4, 1990.

Attorney(s) appearing for the Case

Young, Young & Clyatt, F. Thomas Young, William A. Turner, Jr., for appellant.

Walters, Davis, Smith, Meeks & Pittman, J. Harvey Davis, Ellis & Hobby, Rick F. Ellis, Jr., O. Wayne Ellerbee, for appellee.

BIRDSONG, Judge.

State Farm mutual Automobile Insurance Company appeals the grant of summary judgment to the plaintiff, who is next friend (and mother) of the deceased insured's son, Jason Day. The summary judgment ordered State Farm to pay Jason Day one-half of the $25,000 no-fault insured survivor's benefits.

Jason Day, by his next friend and mother (former spouse of deceased) filed a timely claim to share survivor's benefits pursuant to OCGA § 33-34...

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