Hughesv.Ace American Insurance Company
Kenneth Hughes was injured when a care provider’s employee drove a seven-passenger van into his truck. Hughes sued the driver, the driver’s employer, its parent, and insurer Ace, invoking Georgia’s Motor Carrier Act to pursue a direct claim against the insurer. He argued the companies were motor carriers because employees regularly transported residents as part of their services. The Court of Appeals of Georgia affirmed summary judgment for Ace. The Act permits a direct action only against a qualifying motor carrier and its insurer. A motor carrier transports passengers for hire, and a passenger must travel in a public conveyance. Although staff regularly drove residents to appointments, errands, and activities, transportation was ancillary to residential care, carried no separate charge, and was offered only to the companies’ clients. The van was not held out indiscriminately to the public for hire, so it was not a public conveyance. The entities therefore were not motor carriers under the Act, and Hughes could not maintain the statutory direct action against Ace.
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