Recently, a state appellate court issued a written opinion in a Georgia car accident lawsuit filed by an injured motorist against his own insurance policy, under the policy’s uninsured-motorist clause. The case required the court to determine if the insurance company was proper in refusing to accept the plaintiff’s claim, based on the fact that the vehicle the plaintiff was operating at the time was not an “uninsured vehicle” under state law.
Ultimately, the court concluded that the insurance company’s interpretation was correct and dismissed the plaintiff’s claim for compensation.
The Facts of the Case
The plaintiff’s employer provided the plaintiff with a work truck. The plaintiff used the truck five days a week, and while the plaintiff normally returned the truck to his employer’s place of business after his shift was over, he was not required to do so. The evidence suggested that the plaintiff kept the truck overnight at his residence at least two times.