ANDERSON v. MULLINAX

No. S97G1573.

497 S.E.2d 796 (1998)

269 Ga. 369

ANDERSON et al. v. MULLINAX et al.

Supreme Court of Georgia.

April 13, 1998.


Attorney(s) appearing for the Case

C. Lawrence Jewett, Jewett & Clark, L.L.C., Atlanta, for Kathleen Anderson et al.

Gary Michael Cooper, Craig C. Avery, Cooper & Avery, Duluth, for Randy J. Mullinax et al.


FLETCHER, Presiding Justice.

The issue in this granted certiorari is whether an uninsured motorist (UM) carrier may set off medical payments made by the tortfeasor's insurance carrier. Because the policy at issue in this case contains no provision for such a set-off, we hold that set-off is not permissible and reverse.

Jamie Anderson was injured while a passenger in a car driven by Meagan Mullinax. Cincinnati Insurance Co., which provided automobile liability...

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