# Mullins v. First General Insurance

> Supreme Court of Georgia · November 6, 1984 · 253 Ga. 486

URL: https://www.frixlaw.com/law-library/cases/9578507

## Case

- **Full name:** MULLINS v. FIRST GENERAL INSURANCE COMPANY Et Al.
- **Court:** Supreme Court of Georgia
- **Decided:** November 6, 1984
- **Citations:** 253 Ga. 486; 322 S.E.2d 265; 1984 Ga. LEXIS 1016
- **Precedential status:** Published
- **Opinion:** Dissent by Clarke
- **Judges:** Bell, Hill, Clarke, Smith, Gregory
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9578507

## Opinion text

Clarke, Justice,
dissenting.
The policy purchased by Mullins on October 19, 1982 was effective until April 19, 1983. The accident occurred in January of 1983. When issued, the policy did not comply with the law then in existence, OCGA § 33-34-5, prior to the amendment at issue here. We held in Flewellen v. Atlanta Cas. Co., 250 Ga. 709 ( 300 SE2d 673 ) (1983) that where the statute was not complied with we would read a defective policy to “provide $50,000 PIP coverage from its inception.” This result was required because when an insurance policy is not in compliance with statutory requirements, the statute controls and “statutory provisions are in fact a part of each policy.” Flewellen, supra at 713 .
I would hold that the policy issued on October 19, 1982 must be read to provide a minimum of $50,000 coverage for the effective dates of the policy, that is until April 19, 1983, because the statute in effect on October 19, 1982 became an integral part of the policy. I agree with the majority that the amendment of November 1, 1982 was intended to alter the law to bar claims for optional PIP. However, it is my view that it cannot be applied to change the provisions of a policy already in existence during the term of that policy. In this case the controlling date would not be whether the accident occurred prior or subsequent to November 1, 1982, but the court should look to the date of the issuance of the policy, October 19, 1982, the law in effect at the date of issuance, and whether the accident occurred during the effective term of that policy. Since the accident occurred prior to April 19, 1983 I would hold that Mullins is entitled to $50,000 coverage as mandated by OCGA § 33-34-5 (a) and (b) prior to Ga. Laws 1982, p. 1234.
I am authorized to state that Justice Smith and Justice Gregory join in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9578507. Public record. Not legal advice.