Georgia Court of Appeals Presiding Judge Christopher J. McFadden. Courtesy photo Intermediate Court Judge 'Unimpressed' by Case Law in Spot Recovery Insurance Appeal
Presiding Judge Christopher McFadden, in a dispute between a car dealership and insurer, expressed dissatisfaction with the quality of case law.
February 16, 2024 at 02:50 PM
5 minute read
What You Need to Know
- An Augusta car dealership tried to file an insurance claim for a vehicle someone purchased, then totaled and defaulted on shortly after.
- The purchaser's insurance wouldn't cover the damage because it resulted from a police chase, so the dealership tried to get coverage from it's insurer.
- Now the insurer argues it shouldn't pay because the purchaser had an active insurance policy at the time of the crash.
The Georgia Court of Appeals was asked to weigh in on how to define the word "invalid" in insurance policies at oral argument Wednesday, as it heard a dispute between an Augusta car dealership and its insurer.
Presiding Judge Christopher McFadden extensively questioned both parties, hinting that he found the existing case law flawed, citing poor reasoning in the court's prior opinion in Holmes v. Clear Channel Outdoor and asking the parties what else they could point to to inform the court's decision.
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