1. Appellant's decedent, an employee of Sandy Springs Toyota, Inc., was killed in an automobile accident involving a car owned by Sandy Springs Toyota and insured by appellee Industrial Indemnity Company. Appellee paid the basic $5,000 personal injury protection (PIP) benefits to appellant, who, claiming that the application for insurance completed by the policyholder did not meet the requirements of OCGA 33-34-5
(b), sought to elect increased optional PIP benefits and tendered the premium therefor. Appellee declined to provide the increased coverage, and appellant filed suit. Cross-motions for summary judgment were filed, and appellant takes issue with the denial of her motion and the grant of summary judgment to appellee.
2. Appellee's request for the imposition of a $500 penalty for frivolous appeal under Rule 26 (b) of the Rules of the Court of Appeals is denied.