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Freyv.Jesperson

CourtCourt of Appeals of Georgia
Docket No.A22A1589
DecidedJanuary 23, 2023
Reporter366 Ga. App. 488; 883 S.E.2d 419; 2023 Ga. App. LEXIS 27; 2023 WL 353882
JudgesDillard, P.J.; Mercier and Markle, JJ., concurring.
Tags
CivilInsurance LawUninsured Motorist CoverageReduced-By CoverageAdd-On CoverageSelection FormWrongful Death
Case Summary

After a jury awarded Irish Frey $1,655,647 for her husband’s fatal motorcycle crash, she sought more uninsured-motorist benefits; Progressive had paid $50,000, as had Liberty Mutual. Liberty Mutual’s $100,000 limit was reduced-by coverage, offset by other insurance, rather than add-on coverage, which pays above the at-fault driver’s limits. Irish argued the insurer’s preselected form and missed deadline entitled her to broader coverage. The Court of Appeals of Georgia affirmed summary judgment for Liberty Mutual. The 2013 materials explained both options and how to choose; they did not coerce William, who had selected reduced-by coverage in 2009 and reaffirmed it on a form returned after the requested deadline. The late selection modified the policy when made, even if add-on coverage applied briefly after the deadline. The court also found William’s choice knowing and voluntary; Irish abandoned her separate meaningful-opportunity claim for lack of authority. Liberty Mutual owed no more than the $50,000 it paid.

Opinion

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