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Georgia Farm Bureau Mut. Ins. Co. v. Harper

The insurer was entitled to reduce the amount of a general verdict the plaintiff obtained against uninsured motorists by the amount the insurer had already paid to plaintiff for her medical expenses.

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Carol Harper obtained a $50,000 judgment against uninsured motorists, and she sought payment of this amount from Georgia Farm Bureau Insurance Company “Georgia Farm”, which provided her uninsured motorist insurance coverage. Georgia Farm tendered a check for less than the full amount, claiming it was permitted to offset expenses already paid. Harper then filed suit against Georgia Farm to recover the full amount of the judgment, and the parties filed cross-motions for summary judgment. The trial court found in favor of Harper, and this appeal ensued. For reasons that follow, we reverse. Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law.1 “We review the trial court’s grant of summary judgment de novo, construing the evidence and all reasonable conclusions and inferences in favor of the nonmovant.”2

Viewed in this manner, the record shows that Georgia Farm issued an insurance policy to Harper. Part A of the policy set forth general liability provisions, Part B detailed the medical coverage, and Part C involved uninsured motorist coverage. In May 1999, Harper was injured in an automobile collision, and her insurance company paid medical expenses in the amount of $27,566.65 pursuant to Part B of the policy.

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