Whirl v. Safeco Ins. Co.

The 2-year statute of limitation for insured's suit for injuries suffered in a car accident applied to insurer's subrogation action against uninsured motorist to recover benefits it paid to its insured.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This subrogation action, brought under OCGA § 33-7-11 f, presents an issue of first impression in this state:1 Does the two-year statute of limitation for a personal injury claim 9-3-332 apply to an insurer who brings a subrogation action under OCGA § 33-7-11 f to recover for the uninsured motorist personal injury payments it made to its insured or does OCGA § 33-7-11 f create a statutory right of subrogation that gives the insurer, pursuant to OCGA § 9-3-22,3 twenty years from the date of the collision to file suit We conclude that, under the plain and unequivocal language of OCGA § 33-7-11 f, in a subrogation action by an insurer to recover personal injury payments it made to its insured under Georgia’s Uninsured’s Motorist Act, an insurer is bound by the two-year statute of limitation that is applicable to the insured to whom the insurer is subrogated, because the insurer stands in the shoes of its insured. Thus, we reverse the ruling of the trial court.

On July 13, 1995, Willie E. Richmond was involved in an automobile collision with Shawn Whirl, appellant. When the collision occurred, Whirl did not have liability insurance as required by law. Richmond was insured under an automobile insurance policy issued by Safeco Insurance Company “Safeco”, appellee. Under the policy’s uninsured motorist provisions, Safeco paid Richmond for damages he sustained as a result of the collision in the amount of $788.04 for property damage and $15,000.00 for personal injuries.

Whirl v. Safeco Ins. Co.

The 2-year statute of limitation for insured's suit for injuries suffered in a car accident applied to insurer's subrogation action against uninsured motorist to recover benefits it paid to its insured.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report