Casualty insurance includes vehicle insurance as defined in Code Section 33-7-9 and accident and sickness insurance as defined in Code Section 33-7-2 and in addition includes:
(Code 1933, § 56-408, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1995, p. 437, § 1; Ga. L. 1996, p. 912, § 1.)
Cross references.- Apportionment of casualty insurance among admitted insurers, §§ 33-9-7,33-9-8.
Offering of accident, sickness, and disability insurance by fraternal benefit societies, § 33-15-60.
Provisions of accident, sickness, and other insurance policies generally, § 33-24-20 et seq.
Accident and sickness insurance, T. 33, C. 29, C. 30, and C. 31.
Workers' compensation generally, T. 34, C. 9.
JUDICIAL DECISIONS
This section conforms to the general policy that the freedom to contract should not be curtailed on public policy grounds unless the case is free from doubt. Greenwood Cem. v. Travelers Indem. Co., 238 Ga. 313, 232 S.E.2d 910 (1977).
Insurance against punitive damages is authorized.
- Punitive damages are a legal liability, and accordingly insurance against such damages is expressly authorized by paragraph (1) of this section. This conclusion is fortified by paragraph (11) of this section. Greenwood Cem. v. Travelers Indem. Co., 238 Ga. 313, 232 S.E.2d 910 (1977).
Insurance coverage for punitive damages is not against public policy. Federal Ins. Co. v. National Distrib. Co., 203 Ga. App. 763, 417 S.E.2d 671, cert. denied, 203 Ga. App. 906, 417 S.E.2d 671 (1992).
Without some specific statutory authorization, action cannot proceed directly against liability insurance carrier until a judgment is obtained against the tortfeasor or his liability is otherwise fixed. Smith v. Commercial Union Assurance Co., 246 Ga. 50, 268 S.E.2d 632 (1980).
OPINIONS OF THE ATTORNEY GENERAL"Casualty insurance," as used in the Georgia Code, is somewhat of a catch-all category that may include various types of coverage that are not included in life, health and accident, fire and allied lines, or worker's compensation. 1957 Op. Att'y Gen. p. 167.
"Security transaction insurance" would properly fall in what is designated as "miscellaneous casualty." 1957 Op. Att'y Gen. p. 167.
It is proper to treat "legal services insurance" as either "property insurance" or "casualty insurance." 1974 Op. Att'y Gen. No. 74-48.
Policy covering school officials against student injury claims was a liability policy.- Insurance policy which covered school officials and employees against injuries a student might receive while participating in an extracurricular activity was a liability policy under this section since the nonliability coverage, which only became effective if the injured party waived the right to make a legal liability claim against the named insureds, was clearly supplemental to the liability coverage. 1984 Op. Att'y Gen. No. 84-66.
When foreign insurer may write radioactive contamination and nuclear facility insurance.- A foreign language company licensed in this state to write fire and allied lines of insurance (property insurance) and miscellaneous casualty insurance may write insurance "against the perils of radioactive contamination and all other perils causing physical loss to nuclear energy installations and facilities, including consequential loss," provided the company is authorized to write such coverage by the laws of the state of its domicile. 1958-59 Op. Att'y Gen. p. 199.
When foreign insurer may underwrite homeowners' warranties.- An insurance company that has not met the requirements imposed upon risk retention groups by the state in which it is chartered as an insurance company may not underwrite homeowners' warranties in Georgia without a certificate of authority authorizing the transaction of insurance in Georgia. 1982 Op. Att'y Gen. No. 82-104.
RESEARCH REFERENCES
Am. Jur. 2d.
- 44 Am. Jur. 2d, Insurance, § 1172.
Formaldehyde Fumes Emitted by Building Materials, 3 POF3d 225.
Avoiding the "Business Pursuits" Exclusion - Insured's Activity as Not Business Pursuit, 15 POF3d 515.
Avoiding the "Business Pursuits" Exclusion - Insured's Activity as Ordinarily Incident to Nonbusiness Pursuits, 16 POF3d 355.
14A Am. Jur. Pleading and Practice Forms, Insurance, § 466.
ALR.
- Insurance: validity of statute avoiding provision in casualty or indemnity policy making satisfaction by insured a condition of liability, 1 A.L.R. 1381.
Insurance: applicability of provisions as to injuries intentionally inflicted, where insured is injured because of mistake of identity, 26 A.L.R. 129.
Validity and construction of contract indemnifying against loss due to confiscation of property by public authorities, 36 A.L.R. 1499.
Provision making actual payment of judgment a condition of indemnity insurer's liability ("no action clause"), as affected by insurer defending action against insured, 37 A.L.R. 637.
Insurance against injuring property or person of third person as liability or indemnity insurance, 37 A.L.R. 644; 83 A.L.R. 677; 117 A.L.R. 239.
Criterion of health for purposes of warranty or condition in insurance contract, 40 A.L.R. 662; 100 A.L.R. 362.
Burglary, larceny, theft, or robbery within policy of insurance, 41 A.L.R. 846; 44 A.L.R. 471.
Losses covered by insurance against strikes, lockouts, or other labor disputes, 52 A.L.R. 162.
Insurance of banks against forgeries, 52 A.L.R. 1379.
Liability insurance: construction and operation of clause in liability or indemnity policies prohibiting assured from assuming liability, incurring expense, settling claims, or interfering with insurer's conduct of defense or settlement, 71 A.L.R. 1467.
Liability insurance: right of insurer, as against the assured and without his consent, in case of a claim or proceeding against him, to make a settlement or permit a consent judgment prejudicial to him, 79 A.L.R. 1118.
War risk life and disability insurance, 81 A.L.R. 933.
"Permanent disability" within insurance policy as confined to disability lasting until death, 97 A.L.R. 126.
Liability insurance: clause requiring assured's cooperation, aid, and (or) assistance, 98 A.L.R. 1465; 139 A.L.R. 771.
Act of insured while mentally incompetent in causing loss otherwise within coverage of property or liability insurance policy as defense or ground of setoff or counterclaim, 110 A.L.R. 1060.
Occupational disease as within coverage of policy of employers' liability or indemnity insurance not specifically including or excluding it, 112 A.L.R. 158.
Conflict of laws as regards statutory or contractual provisions relating to right of injured person to maintain action against tortfeasor's insurer, 120 A.L.R. 855.
Construction and application of provisions of liability or indemnity policy regarding injury or death incident to construction, repairs, alterations, demolition, or wrecking of structure, or installation of elevators or other equipment, 130 A.L.R. 239.
Construction and application of sprinkler leakage policy, or provisions of that nature in fire policy, as regards hazards or causes of loss, 130 A.L.R. 710.
Conditional sale as affecting provision in insurance policy against change of title, interest, or possession, 133 A.L.R. 785.
Judgment in favor of tortfeasor's insurer in an action by an injured person as res judicata in similar action by another person injured in same accident, 137 A.L.R. 1016.
Liability insurance: clause requiring assured's cooperation, aid, and (or) assistance, 139 A.L.R. 771.
Compromise by insured as affecting right to recover against liability or indemnity insurer, either where claim exceeds limit of liability under policy, or where insurer denies liability on policy, refuses to defend, or otherwise delays taking action, 142 A.L.R. 809.
Coverage, as regards causes of injury or damage, of policy insuring owner, occupier, or operator of premises against liability for injury to person or property, 148 A.L.R. 609.
Risks covered by contractor's liability policy, 156 A.L.R. 1285.
Automobile liability insurance of garages, repair shops, sales agencies, and the like, 165 A.L.R. 1471; 93 A.L.R.2d 1047.
Right of indemnitor of one joint tortfeasor to contribution by or indemnity against other joint tortfeasor or indemnitor of the latter, 171 A.L.R. 271.
Loss or impairment of vision as within meaning of total disability clause, 1 A.L.R.2d 756.
Loss of hearing as within meaning of total disability clause, 1 A.L.R.2d 952.
Act or default of additional insured in respect of giving notice of suit or delivery of suit papers to insured, as affecting rights of named insured against insurer, 6 A.L.R.2d 661.
Construction and application of provision of insurance policy excepting from coverage loss or damage caused by dishonesty of employee, 12 A.L.R.2d 236.
Rent loss insurance, 17 A.L.R.2d 1226.
Insurance: waiver of, or estoppel to assert, iron safe clause, 33 A.L.R.2d 615.
Robbery insurance: risks and losses covered, 37 A.L.R.2d 1081.
Refusal of liability insurer to defend action against insured involving both claims within coverage of policy and claims not covered, 41 A.L.R.2d 434.
Construction and effect of clause in burglary insurance policy requiring alarm system, 42 A.L.R.2d 733.
Coverage, construction, and effect of medical payments and funeral expense clauses of liability policy, 42 A.L.R.2d 983.
Repeated absorption of poisonous substance as "accident" within coverage clause of comphrehensive general liability policy, 49 A.L.R.2d 1263.
Allegations in third person's action against insured as determining liability insurer's duty to defend, 50 A.L.R.2d 458.
What are "forgeries" within coverage of forgery bond or insurance, 52 A.L.R.2d 207.
Clause excluding "products liability" from coverage of liability insurance policy, 54 A.L.R.2d 518; 58 A.L.R.3d 12.
Scope and effect of clause in liability policy excluding from coverage liability assumed by insured under contract not defined in policy, such as one of indemnity, 63 A.L.R.2d 1122.
Liability insurance: insured's submission to service of process as breach of cooperation clause, 66 A.L.R.2d 1238.
Basis and manner of distribution among multiple claimants of proceeds of liability insurance policy inadequate to pay all claims in full, 70 A.L.R.2d 416.
Coverage and exceptions in beauty shop liability policy, 77 A.L.R.2d 1258.
Construction of terms "in transit," "transportation," and the like, within coverage or exclusion clauses of insurance policy, 80 A.L.R.2d 445.
Failure of liability insurer, after notification, to defend suit against insured, as warranting opening default against insured on ground of inadvertence or excusable neglect, 87 A.L.R.2d 870.
Coverage and exclusions in insurance brokers' and agents' errors and omissions policy, 89 A.L.R.2d 1192.
Liability insurance of garages, motor vehicle repair shops and sales agencies, and the like, 93 A.L.R.2d 1047.
Builder's risk insurance policies, 94 A.L.R.2d 221; 97 A.L.R.3d 1270; 22 A.L.R.4th 701.
Injury from nuisance maintained by insured as within coverage of public liability policy, 98 A.L.R.2d 1047.
Liability insurance policy as covering insured's obligation to indemnify, or make contributions to, cotortfeasor, 4 A.L.R.3d 620.
When is medical expense "incurred" under policy providing for payment of medical expenses within fixed period of time from date of injury, 10 A.L.R.3d 468.
Right of tortfeasor or liability insurer to credit for amounts already disbursed to injured party under medical payments or funeral expense clause in liability policy, 11 A.L.R.3d 1115.
Provisions of burglary or theft policy as to effect of disappearance of property, 12 A.L.R.3d 865.
What constitutes total or permanent disability within the meaning of insurance policy issued to physician or dentist, 21 A.L.R.3d 677.
Insurance: "total disability" or the like as referring to work in usual occupation or in other occupations, 21 A.L.R.3d 1155.
Heart or vascular condition as constituting total or permanent disability within insurance coverage, 21 A.L.R.3d 1383.
Provisions of burglary or theft policy requiring losses evidenced by "physical damage to premises,", 22 A.L.R.3d 1305.
What constitutes total or permanent disability within the coverage of disability insurance coverage issued to farmer or agricultural worker, 26 A.L.R.3d 714.
Liability insurer's duty to defend action against an insured after insurer's full performance of its payment obligations under policy, 27 A.L.R.3d 1057.
What constitutes permanent or total disability within coverage of insurance policy issued to physical laborer or workman, 32 A.L.R.3d 922.
Aviation: helicopter accidents, 35 A.L.R.3d 707.
Theft insurance: coverage of expense of reward offered by insured, or other expenses incurred in recovering stolen property, 46 A.L.R.3d 403.
Insured's ratification, after loss, of policy procured without his authority, knowledge, or consent, 52 A.L.R.3d 235.
Premises liability insurance: coverage as extending to liability for injuries or damage caused by product sold or rented by the insured and occurring away from the insured premises, 62 A.L.R.3d 889.
Insured's payment of excess judgment, or portion thereof, as prerequisite of recovery against liability insurer for wrongful failure to settle claim against insured, 63 A.L.R.3d 627.
Right of injured person recovering excess judgment against insured to maintain action against liability insurer for wrongful failure to settle claim, 63 A.L.R.3d 677.
Coverage and exclusions under hospital professional liability or indemnity policy, 65 A.L.R.3d 969.
Medical care insurance: right of insured under individual policy to coverage afforded by group policy from which he directly transferred on termination of his employment, 66 A.L.R.3d 1192.
Elimination of particular coverage, or termination, of health, hospitalization, or medical care insurance policy as affecting insurer's liability for insured's continuing hospitalization or medical expenses relating to previously covered illnesses, 66 A.L.R.3d 1205.
What constitutes "money" within coverage or exclusion of theft or other crime policy, 68 A.L.R.3d 1179.
Liability insurance: assault as an "accident," or injuries therefrom as "accidentally" sustained, within coverage clause, 72 A.L.R.3d 1090; 31 A.L.R.4th 957; 33 A.L.R.4th 983; 34 A.L.R.4th 761; 35 A.L.R.4th 1063.
Construction and application of liability or indemnity policy on civil engineer, architect, or the like, 83 A.L.R.3d 539; 14 A.L.R.5th 695.
Lawyers' professional liability insurance, 84 A.L.R.3d 187.
Loss through payment of extortion demand at place other than insured's premises as within coverage insuring against losses incurred on premises, 85 A.L.R.3d 1103.
Risks and causes of loss covered or excluded by aviation liability policy, 86 A.L.R.3d 118.
Admissibility of opinion evidence as to employability on issue of disability in health and accident insurance and workers compensation cases, 89 A.L.R.3d 783.
Exchange of labor by farmers as creating employment relationship for liability insurance purposes, 89 A.L.R.3d 834.
Performance by one insurer of its duty to defend as excusing failure of other insurers equally obligated to defend, 90 A.L.R.3d 1199.
Products liability insurance coverage as extending only to product-caused injury to person or other property, as distinguished from mere product failure, 91 A.L.R.3d 921.
Who is "resident" or "member" of same "household" or "family" as named insured, within liability insurance provision defining additional insureds, 93 A.L.R.3d 420.
Farmowner's liability insurance risks and coverage, 93 A.L.R.3d 472; 31 A.L.R.4th 957; 33 A.L.R.4th 983; 34 A.L.R.4th 761; 35 A.L.R.4th 1063.
Personal injuries inflicted by animal as within homeowner's or personal liability policy, 96 A.L.R.3d 891.
Coverage under builder's risk insurance policy, 97 A.L.R.3d 1270.
Wrongful cancellation of medical malpractice insurance, 99 A.L.R.3d 469.
Propriety of hospital's conditioning physician's staff privileges on his carrying professional liability or malpractice insurance, 7 A.L.R.4th 1238.
Scope of clause excluding from contractor's or similar liability policy damage to property in care, custody, or control of insured, 8 A.L.R.4th 563.
Liability insurance: failure or refusal of an insured to attend trial or to testify as breach of cooperation clause, 9 A.L.R.4th 218.
Construction, application, and effect of clause that liability insurance policy may be canceled by insured by mailing to insurer written notice stating when thereafter such cancellation shall be effective, 11 A.L.R.4th 456.
Construction and effect of provision of homeowner's, premises, or personal liability insurance policy covering or excluding watercraft, 26 A.L.R.4th 967.
Construction and application of provision of liability insurance policy expressly excluding injuries intended or expected by insured, 31 A.L.R.4th 957.
Coverage and exclusions of liability or indemnity policy on physicians, surgeons, and other healers, 33 A.L.R.4th 14; 14 A.L.R.5th 695.
Liability insurance: intoxication or other mental incapacity avoiding application of clause in liability policy specifically exempting coverage of injury or damage caused intentionally by or at direction of insured, 33 A.L.R.4th 983.
Acts in self-defense as within provision of liability insurance policy expressly excluding coverage for damage or injury intended or expected by insured, 34 A.L.R.4th 761.
Criminal conviction as rendering conduct for which insured convicted within provision of liability insurance policy expressly excluding coverage for damage or injury intended or expected by insured, 35 A.L.R.4th 1063.
Self-insurance against liability as other insurance within meaning of liability insurance policy, 46 A.L.R.4th 707.
Livestock or animal insurance; risks and losses, 47 A.L.R.4th 772.
Liability insurance: when is vehicle in "dead storage,", 48 A.L.R.4th 591.
Liability insurance: excess carrier's right of action against primary carrier for improper or inadequate defense of claim, 49 A.L.R.4th 304.
Boiler and machinery insurance: risks and losses covered by policy or provision expressly covering boilers and machinery, 49 A.L.R.4th 336.
Health provider's agreement as to patient's copayment liability after award by professional service insurer as unfair trade practice under state law, 49 A.L.R.4th 1240.
Duty of insurer to pay for independent counsel when conflict of interest exists between insured and insurer, 50 A.L.R.4th 932.
Liability insurance: what is "claim" under deductibility-per-claim clause, 60 A.L.R.4th 983.
What constitutes single accident or occurrence within liability policy limiting insurer's liability to a specified amount per accident or occurrence, 64 A.L.R.4th 668.
Theft and vandalism insurance: coinsured's misconduct as barring innocent coinsured's right to recover on policy, 64 A.L.R.4th 714.
What constitutes theft within automobile theft insurance policy - modern cases, 67 A.L.R.4th 82.
Liability insurer's postloss conduct as waiver of, or estoppel to assert, "no-action" clause, 68 A.L.R.4th 389.
Construction and effect of "rain insurance" policies insuring against rainfall on the date of concert, exhibition, game, or the like, 70 A.L.R.4th 1010.
Homeowner's liability insurance coverage of injury from formaldehyde insulation in insured premises, 85 A.L.R.4th 956.
Loss of information stored in computer system or on computer disk cartridge, computer tape, or similar computer storage media as within coverage of liability policy, 85 A.L.R.4th 1102.
Liability insurance coverage for violations of antipollution laws, 87 A.L.R.4th 444.
Homeowner's liability insurance coverage of emotional distress allegedly inflicted on third party by insured, 8 A.L.R.5th 254.
Liability policy coverage for insured's injury to third party's investments, anticipated profits, goodwill, or the like, unaccompanied by physical property damage, 18 A.L.R.5th 187.
Coverage under all-risk insurance, 30 A.L.R.5th 170.
Scope of provision in liability policy issued to municipal corporation or similar governmental body limiting coverage to injuries arising out of construction, maintenance, or repair work, 30 A.L.R.5th 699.
Construction and application of "business pursuits" exclusion provision in general liability policy, 35 A.L.R.5th 375.
Business interruption insurance, 37 A.L.R.5th 41.
Validity, construction, and effect of assault and battery exclusion in liability insurance policy at issue, 44 A.L.R.5th 91.
What constitutes "vacant land" within meaning of liability or property insurance policy provisions, 47 A.L.R.5th 535.
What constitutes "suit" triggering insurer's duty to defend environmental claims - state cases, 48 A.L.R.5th 355.
Duty of liability insurer to initiate settlement negotiations, 51 A.L.R.5th 701.
Insurance agents' and brokers' professional liability insurance, 55 A.L.R.5th 681.
What constitutes "vandalism" or "malicious mischief" within meaning of insurance policy specifically extending coverage to losses from such causes, 56 A.L.R.5th 407.
When is medical expense "incurred" under policy providing for payment of medical expenses incurred within fixed period of time from date of injury, 65 A.L.R.5th 649.