Barkerv.Muschett
CourtCourt of Appeals of Georgia
Docket No.A25A0583
DecidedJune 2, 2025
Reporter375 Ga. App. 585; 916 S.E.2d 796; 2025 Ga. App. LEXIS 226; 2025 LX 151100; 2025 WL 1553002
JudgesMCFADDEN, Presiding Judge. Hodges and Pipkin, JJ., concur.
Tags
CivilInsurance LawUninsured Motorist CoverageMotor Vehicle InsuranceSettlement ReleaseStatutory InterpretationSummary Judgment
Case Summary
Katherine Barker settled her injury claim against Marlon Muschett for the tortfeasor’s $25,000 policy limit and signed a release that reserved claims covered by other insurance but did not release the settling insurer. She then sought uninsured-motorist benefits, but the Court of Appeals held that OCGA § 33-24-41.1 provides the governing limited-release procedure and requires a release of the settling carrier. Because Barker’s release omitted that required term, it did not preserve her uninsured-motorist claim. The court affirmed summary judgment for Muschett.
Opinion
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