lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
FEDERATED MUTUAL INSURANCE COMPANY v. NORTHLAND INSURANCE COMPANY.
42019.
WELTNER, Justice.
Subrogation; constitutional question. Fulton Superior Court. Before Judge Eldridge.
Hawkins was killed and his wife was injured seriously when their vehicle collided with a truck operated by K & R Trucking Company. They were insured by Federated Mutual Insurance Company, and the trucking company was insured by Northland Insurance Company. Federated paid no-fault insurance benefits to Mrs. Hawkins and then submitted its subrogation claim to Northland. Northland settled Mrs. Hawkins' personal injury and wrongful death claims, and Federated's subrogation claim.
Almost three years later, Federated paid to Mrs. Hawkins additional sums for her claims, which it believed were required under Flewellen v. Atlanta Cas. Co., 250 Ga. 709 (300 SE2d 673) (1983). It then demanded further subrogation from Northland in that amount. Upon Northland's refusal to pay Federated's second subrogation claim, the present action was filed, resulting in judgment for Northland, from which Federated appealed.
Northland contends that Federated was not required to pay the additional sums to Mrs. Hawkins, and, as a volunteer, is not entitled to subrogation. Federal Land Bank of Columbia v. Barron, 173 Ga. 242 (4) (160 SE 228) (1931).
We have determined that the "proper mailing" and "adequate document" standards of Stafford, supra, were satisfied. Hence, Federated was under no legal obligation to make the additional payments to Mrs. Hawkins. It is not, therefore, entitled to subrogation against Northland. "Subrogation 'is never applied for the benefit of a mere volunteer who pays the debt of another without any assignment or agreement for subrogation, and who is under no legal obligation to make the payment, and is not compelled to do so for the preservation of any rights or property of his own.' " 173 Ga. at 242 (4).
Under this disposition of the case, it is not necessary to address the constitutional issue raised in the appeal. Accordingly, the judgment of the trial court denying Federated's second subrogation claim must be affirmed.
Robert B. Hocutt, for appellee.
James S. Lanier, Jr., for appellant.
DECIDED MAY 10, 1985 -- REHEARING DENIED JUNE 10, 1985.
Thursday May 21 16:28 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com