Dees v. Logan, 282 Ga. 815

Summary

The Supreme Court of Georgia held that an uninsured motorist insurer may not offset a personal-injury damages award by workers’ compensation, Social Security disability, or similar benefits received by the insured. The court concluded that the relevant Georgia uninsured motorist statute authorized exclusions for compensated property loss but did not authorize offsets for personal-injury benefits, rendering the policy provision unenforceable. The court reversed the Court of Appeals and overruled contrary decisions.

Holdings

1. An uninsured-motorist carrier may not offset workers' compensation, disability, or similar benefits received by the insured against damages awarded for personal injuries.
2. The uninsured-motorist policy provision permitting an offset for personal-injury benefits was void and unenforceable because it conflicted with the clear mandate of Georgia's Uninsured Motorist Act.
3. The 2006 amendment to OCGA § 33-7-11 did not demonstrate legislative intent to permit offsets for workers' compensation or similar personal-injury benefits.
4. The no-double-recovery principle did not require reducing the uninsured-motorist award by workers' compensation or similar benefits.

Questions Presented

1. Whether an uninsured-motorist insurer may offset workers' compensation, Social Security disability, settlement, and similar collateral benefits against damages awarded for personal injuries.
2. Whether OCGA § 33-7-11 permits a policy provision authorizing offsets for personal-injury benefits.
3. Whether the 2006 amendment to OCGA § 33-7-11 or legislative acquiescence in prior Court of Appeals decisions required affirmance of the offset.
4. Whether application of the collateral-source or no-double-recovery principles permits the insurer to reduce the uninsured-motorist award.

Disposition

reversed