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Empire Fire & Marine Ins. Co. v. Driskell

The trial court did not err in requiring an insurer to pay post-judgment interest on the entire $3.15 million award entered against its insured, even though liability under the policy was limited to $200,000.

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This insurance dispute is before us for a second time.1 In the instant appeal, Empire Fire & Marine Insurance Company “Empire” challenges the trial court’s order requiring Empire to pay Christine Harris and the estate of Edmund Harris “the Harrises” post-judgment interest on a $3,150,000 judgment entered against Metro Courier, Inc. “Metro”, Empire’s insured. Finding no error, we affirm. The relevant facts are detailed in Driskell v. Empire Fire & Marine Ins. Co .2 In October 1995, a vehicle owned by Metro and driven by its employee collided with a vehicle occupied by Mr. and Mrs. Harris. At the time, Metro, a motor carrier engaged in intrastate transportation of property for hire, had a $1,000,000 liability insurance policy issued by Empire.

The policy’s schedule of “covered autos” did not include the Metro vehicle involved in the collision. Nevertheless, under rules promulgated by the Georgia Public Service Commission, a motor carrier’s insurance policy must “provide minimum liability coverage in the amounts of $100,000 per person and $300,000 per incident regardless of whether motor vehicles involved in an incident ‘are specifically described in the policy or not.’ “3 Metro’s liability insurance policy contains a “Form F” endorsement amending the policy to reflect this mandatory coverage.

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