Vehicle insurance is insurance against loss of or damage to any land vehicle or aircraft, any draft or riding animal, or to property while contained therein or thereon or being loaded or unloaded therein or therefrom from any hazard or cause, and against any loss, liability, or expense resulting from or incident to ownership, maintenance, or use of any such vehicle, aircraft, or animal, together with insurance against accidental death or accidental injury to individuals, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if such insurance is issued as a part of insurance on the vehicle, aircraft, or draft or riding animal; and provisions of medical, hospital, surgical, and disability benefits to injured persons, funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance.
(Code 1933, § 56-407, enacted by Ga. L. 1960, p. 289, § 1.)
Cross references.- Motor vehicle accident insurance, T. 33, C. 34.
Law reviews.- For article, "Uninsured Motorist Coverage in Georgia," see 4 Ga. St. B.J. 329 (1968). For annual survey of insurance law, see 42 Mercer L. Rev. 259 (1990).
JUDICIAL DECISIONS
Cited in United Servs. Auto. Ass'n v. Carroll, 226 Ga. App. 144, 486 S.E.2d 613 (1997).
RESEARCH REFERENCES
Am. Jur. 2d.
- 7 Am. Jur. 2d, Automobile Insurance, § 1 et seq. 44 Am. Jur. 2d, Insurance, §§ 1421, 1434, 1435.
C.J.S.- 44 C.J.S., Insurance, § 21; 45 C.J.S., Insurance, § 625; 46 C.J.S., Insurance, § 1461 et seq.
ALR.
- Automobile liability insurance, 6 A.L.R. 376; 13 A.L.R. 135; 19 A.L.R. 879; 23 A.L.R. 1472; 28 A.L.R. 1301; 41 A.L.R. 507.
Insurance covering damage to automobile by accident or collision, 14 A.L.R. 188; 26 A.L.R. 429; 30 A.L.R. 806; 35 A.L.R. 1031; 40 A.L.R. 999; 42 A.L.R. 1130; 54 A.L.R. 1445; 105 A.L.R. 1426.
Insurance against damage to automobile by fire, 14 A.L.R. 199; 35 A.L.R. 1471.
Insurance against theft of automobile, 14 A.L.R. 215; 19 A.L.R. 171; 24 A.L.R. 740; 30 A.L.R. 662.
Admissibility of evidence as to insurance on issue of negligence in operation or care of automobile, 28 A.L.R. 516.
Validity and construction of contract indemnifying against loss due to confiscation of property by public authorities, 36 A.L.R. 1499.
Automobile conversion or embezzlement insurance, 55 A.L.R. 827.
Construction and effect of provisions in automobile insurance policies as to location or place of keeping, 61 A.L.R. 312.
Automobile insurance: pleading and proof as to value, 64 A.L.R. 172.
Automobile liability or indemnity insurance: "omnibus" coverage clause, 72 A.L.R. 1375; 106 A.L.R. 1251; 126 A.L.R. 544.
Automobile theft insurance: rights and duties of parties as regards the finding, recovery, and (or) return of car, 75 A.L.R. 1420.
Scope and application of exception as regard carrying passengers in policies of automobile insurance, 95 A.L.R. 150; 118 A.L.R. 393; 147 A.L.R. 632.
Injury to or death of person whose relationship to named or additional insured was such as to negative latter's liability as within coverage of automobile liability or indemnity policy, 110 A.L.R. 87.
Constitutionality, construction, and application of statute for determination by executive or administrative board of questions in relation to motor vehicle accidents, 110 A.L.R. 826.
What amounts to accident within policy of automobile liability or indemnity insurance, 117 A.L.R. 1175.
Validity and application of provision of automobile loss or damage or theft policy excluding liability for loss or damage by confiscation, or while car is being used for unlawful purpose, 122 A.L.R. 926.
Conditional sale as affecting provision in insurance policy against change of title, interest, or possession, 133 A.L.R. 785.
Refusal of automobile liability or indemnity insurer to assume defense of action against insured upon ground that claim upon which action is based is not within coverage of policy, 133 A.L.R. 1516; 49 A.L.R.2d 694; 50 A.L.R.2d 458.
Statute regarding automobile liability or indemnity insurance of state where injury occurred as applicable to policy of another state, 137 A.L.R. 656.
Coverage of liability policy on "commercial" vehicle, 144 A.L.R. 537.
"Business," within automobile liability insurance policy covering automobile when used for pleasure and business, as including business of insured's employer, 146 A.L.R. 1189.
Misstatement in description of automobile as affecting automobile policy, 149 A.L.R. 531.
Coverage of policy insuring automobile against particular risk, to the exclusion of others, where risk insured operates to subject it to risk not insured, 160 A.L.R. 947.
Fire loss or damage as within coverage of automobile, 171 A.L.R. 501.
Insurance as covering automobile while being used for illegal purpose, 4 A.L.R.2d 134.
Automobile liability insurance: permission or consent to employee's use of car within meaning of omnibus coverage clause, 5 A.L.R.2d 600.
Act or default of additional insured in respect of giving notice of suit or delivery of suit papers to insurer, as affecting rights of named insured against insurer, 6 A.L.R.2d 661.
Damage to vehicle resulting from wind or other phenomenon of nature as within coverage of automobile insurance policy insuring against collision or upset, 14 A.L.R.2d 812.
Recovery under automobile property damage policy expressly including or excluding collision damage, where vehicle strikes embankment, abutment, roadbed, or other part of highway, 23 A.L.R.2d 389.
Vehicles and operations covered by automobile dealer's collision insurance policy, 23 A.L.R.2d 796.
Construction and effect of clause in liability policy voiding policy while insured vehicles are being used more than a specified distance from principal garage, 29 A.L.R.2d 514.
Liability of insurer, under compulsory statutory vehicle liability policy, to injured third persons, notwithstanding insured's failure to comply with policy conditions, as measured by policy limits or by limits of Financial Responsibility Act, 29 A.L.R.2d 817.
Construction and effect of exclusionary clause in automobile liability policy making policy inapplicable while vehicle is used as a "public or livery conveyance,", 30 A.L.R.2d 273.
Effect of provision of liability policy covering hired automobiles but excluding from definition of "insured" the owner of such vehicle or his employee, 32 A.L.R.2d 572.
Misrepresentation by applicant for automobile liability insurance as to ownership of vehicle as material to risk, 33 A.L.R.2d 948.
Automobile liability insurance: conditional vendee of insured as within coverage of omnibus clause, 36 A.L.R.2d 673.
What is an "automobile" or a "car" within coverage of accident policy, 38 A.L.R.2d 867.
Collision insurance: insured's release of tortfeasor before settlement by insurer as releasing insurer from liability, 38 A.L.R.2d 1095.
Scope of clause of insurance policy covering injuries sustained while "in or on" "in or upon" motor vehicle, 39 A.L.R.2d 952.
Measure of recovery by insured under automobile collision insurance policy, 43 A.L.R.2d 327.
Rights in proceeds of vehicle collision policy, under "loss-payable" clause, of conditional seller, chattel mortgagee, or the like, of vehicle where there has been improper repossession or foreclosure after the damage, 46 A.L.R.2d 992.
Automobile insurance: omnibus clause exception relating to public garages, sales agencies, service stations, and the like, 47 A.L.R.2d 556; 93 A.L.R.2d 1047.
Requirement of accident policy or clause that there be some external or visible evidence of collision or accident on the motor vehicle in which insured was riding, 47 A.L.R.2d 1248.
Consequences of liability insurer's refusal to assume defense of action against insured upon ground that claim upon which action is based is not within coverage of policy, 49 A.L.R.2d 694.
Liability insurance of garages, motor vehicle repair shops and sales agencies, and the like, 50 A.L.R.2d 458.
Meaning of "operate" or "being operated" within clause of automobile liability policy limiting its coverage, 51 A.L.R.2d 924.
What constitutes "managing employee" of insured within inclusionary or coverage provision of vehicle liability policy, 57 A.L.R.2d 931.
What loss of or damage to vehicle is accidental within coverage of collision policy, 57 A.L.R.2d 1229.
Motor vehicle theft policy: clause with respect to notice of loss, 66 A.L.R.2d 1280.
Automobile property insurance: sole, unconditional, or absolute ownership clause, 71 A.L.R.2d 223.
Automobile liability insurance: sole, unconditional, or absolute ownership clause, 71 A.L.R.2d 267.
What is an "automobile" or a "car" within coverage of automobile liability policy, 74 A.L.R.2d 1264.
Apportionment of liability between automobile liability insurers where one of the policies has an "excess insurance" clause and the other a "proportionate" or "prorata" clause, 76 A.L.R.2d 502.
What is a "nonowned" automobile within the meaning of the coverage clause or an automobile liability policy, 83 A.L.R.2d 926; 8 A.L.R.4th 387.
Motor vehicle insurance: exclusionary provision relating to age of operator, 83 A.L.R.2d 1236.
Construction of provision excluding automobile used in insured's "business or occupation" from nonowned automobile coverage of automobile liability policy, 85 A.L.R.2d 502.
Automobile liability insurance: operator's policies, 88 A.L.R.2d 995.
Risks within "loading and unloading" clause of motor vehicle liability insurance policy, 95 A.L.R.2d 1122.
Reformation of automobile liability insurance policy by adding to or substituting for the named insured the person intended to be insured, 1 A.L.R.3d 885.
Coverage of insurance policy against theft of property from motor vehicle, 2 A.L.R.3d 809.
Omnibus clause of automobile liability policy as covering accidents caused by third person who is using car with consent of permittee of named insured, 4 A.L.R.3d 10; 21 A.L.R.4th 1146.
Scope of provision of automobile liability insurance policy excluding liability for damage to property in charge of insured, or variation of such provision, 10 A.L.R.3d 515.
Subrogation rights of insurer under medical payments provision of automobile insurance policy, 19 A.L.R.3d 1054.
Automobile insurance: coverage as extending beyond death of named insured, 30 A.L.R.3d 1047.
Automobile insurance: construction of medical payments insurance provision covering injuries incurred when "struck by" automobile, 33 A.L.R.3d 962.
Recoverability, under property insurance or insurance against liability for property damage, of insured's expenses to prevent or mitigate damages, 33 A.L.R.3d 1262.
Collision automobile property insurance as covering collision with bodies of water, 34 A.L.R.3d 992.
Aviation: helicopter accidents, 35 A.L.R.3d 707.
Limitation of amount of coverage under automobile liability policy as affected by fact that policy covers more than one vehicle, 37 A.L.R.3d 1263.
Automobile insurance: when is a person "occupying" an automobile within meaning of medical payments provision, 42 A.L.R.3d 501.
Motor scooter as within policy provisions relating to automobiles as motorcycles, 43 A.L.R.3d 1400.
Validity, construction, and application of provision of automobile liability policy excluding from coverage injury or death of member of family or household of insured, 46 A.L.R.3d 1024; 52 A.L.R.4th 18.
Validity, construction, and application of provision of automobile liability policy excluding from coverage injury or death of insured, 46 A.L.R.3d 1061.
What is "conveyance," "passenger conveyance," or "public conveyance" within coverage of accident policy, 60 A.L.R.3d 858.
What constitutes "trailer" within coverage or exclusion provision of automobile liability policy, 65 A.L.R.3d 804.
"Vehicle" or "land vehicle" within meaning of insurance policy provision defining risks covered or excepted, 65 A.L.R.3d 824.
What constitutes "commercial automobile" within exclusion from death or disability benefit provided by automobile policy, 66 A.L.R.3d 424.
Motorcycle as within automobile liability policy provision covering temporary or infrequent use of other automobiles, 66 A.L.R.3d 451.
Liability of automobile collision insurer undertaking to repair damaged vehicle for negligence or delay in making repairs, 68 A.L.R.3d 1196.
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.
Coverage under collision insurance policy for insured's cost of renting vehicle pending collision repairs, 80 A.L.R.3d 1180.
Extraterritorial application of statute permitting injured person to maintain direct action against tortfeasor's automobile liability insurer, 83 A.L.R.3d 338.
Risks and causes of loss covered or excluded by aviation liability policy, 86 A.L.R.3d 118.
Who is "named insured" within meaning of automobile insurance coverage, 91 A.L.R.3d 1280.
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.
Risks within "loading and unloading" clause of motor vehicle liability insurance policy, 6 A.L.R.4th 686.
Automobile liability insurance: what are accidents or injuries "arising out of ownership, maintenance, or use" of insured vehicle, 15 A.L.R.4th 10.
Conflict of laws in determination of coverage under automobile liability insurance policy, 20 A.L.R.4th 738.
Combining or "stacking" medical payment provisions of automobile liability policy or policies issued by one or more insurers to one insured, 29 A.L.R.4th 49.
Liability insurer's waiver of right, or estoppel, to set up breach of co-operation clause, 30 A.L.R.4th 620.
What is "aircraft" or the like within meaning of exclusion or exception clause of insurance policy, 39 A.L.R.4th 214.
Construction and application of "automatic insurance" or "newly acquired vehicle" clause ("replacement," and "blanket," or "fleet" provisions) contained in automobile liability policy, 39 A.L.R.4th 229.
Construction and application of substitution provision of automobile liability policy, 42 A.L.R.4th 1145.
Aviation insurance: causal link between breach of policy provisions and accident as requisite to avoid insurer's liability, 48 A.L.R.4th 778.
What constitutes use of vehicle "in the automobile business" within exclusionary clause of liability policy, 56 A.L.R.4th 300.
What constitutes "entering" or "alighting from" vehicle within meaning of insurance policy, or statute mandating insurance coverage, 59 A.L.R.4th 149.
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.
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.
Validity, construction, and application of provision in automobile liability policy excluding from coverage injury to, or death of, employee of insured, 43 A.L.R.5th 149.
What constitutes use of automobile "to carry persons or property for fee" within exclusion of automobile insurance policy, 57 A.L.R.5th 591.
Validity, construction, and application of exclusion of government vehicles from uninsured motorist provision, 58 A.L.R.5th 511.
Automobile insurance: what constitutes "occupying" under owned-vehicle exclusion on uninsured or underinsured motorist coverage of automobile insurance policy, 59 A.L.R.5th 191.