Barbara Guerrucci and Enzo Guerrucci, as Next Friends of Lawrence and Jennifer Guerrucci v. State Farm Mutual Automobile Insurance Company , 759 F.2d 1566 ( 1985 )

759 F.2d 1566

Barbara GUERRUCCI and Enzo Guerrucci, as Next Friends of
Lawrence and Jennifer Guerrucci, Plaintiffs-Appellants,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

No. 84-8587.

United States Court of Appeals,
Eleventh Circuit.

May 13, 1985.

Kenneth J. Rajotte, Atlanta, Ga., for plaintiffs-appellants.

Dean S. Daskal, Atlanta, Ga., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Georgia.

Before RONEY and HILL, Circuit Judges, and PITTMAN*, District Judge.

PER CURIAM:

1

The facts of this case are undisputed. The appellants held an automobile insurance policy issued by the appellee State Farm Mutual Automobile Insurance Company (State Farm). The policy was in effect prior to and at the time of the passage of the Georgia Motor Vehicle Accident Reparations Act (Georgia No-Fault Law), OCGA § 33-34-1, et seq. Prior to the effective date of the Act, the appellee mailed to the appellants a card entitled "Statement of Coverages as of March 1, 1975 (149)." On December 13, 1974, the appellant Enzo Guerrucci signed the card, rejecting all optional coverage (a copy of the card as executed by Mr. Guerrucci is attached as Appendix "A"). In June, 1976, appellant Enzo Guerrucci's wife and two children sustained serious bodily injuries in an automobile accident. The insurance policy was in full force and effect at that time. Appellants sought retroactive increase of personal injury protection (PIP) benefits. State Farm refused to extend the maximum PIP benefits. There is no question or issue about the basic coverage required by law of $5,000.00.

2

The question before this court is whether the district court erred in holding that the card provided by State Farm met the requirements of the Georgia No-Fault Law, OCGA § 33-34-5(c).

3

The appellants contend that the card does not meet those requirements. Under Wiard v. Phoenix Insurance Co., 251 Ga. 698, 310 S.E.2d 221 (1983), State Farm was required to provide "a document containing (1) written information clearly stating the optional No-Fault PIP coverage and the optional No-Fault vehicle damage coverage, and (2) a means for the insured to make a written acceptance or rejection of each." Id. at 700, 310 S.E.2d at 223. The appellants argue that State Farm's card did not meet the second of those requirements. They argue that the document must provide means by which the insured can make two separate written expressions of rejection--one for the personal injury coverage and one for the vehicle damage coverage.

4

The court finds the appellants' argument to be without merit. Subsequent to Wiard, King v. State Farm Mutual Automobile Insurance Co., 169 Ga.App. 651, 314 S.E.2d 486 (1984), considered the same optional coverage selection card of State Farm that is before this court and held its selection card meets the requirements of OCGA § 33-34-5(c). The order of the district court granting summary judgment in favor of State Farm is therefore AFFIRMED.

5

APPENDIX A
NOTE--Some parts of this form are wider than one screen.  To view
material that exceeds the width of this screen, use the right arrow
key.  To return to the original screen, use the left arrow key.
Front
-----------------------------------------------------------------------------------------------
STATEMENT OF COVERAGES AS OF MARCH 1, 1975
If Policy is in Effect As Of T _ Date
NAMED OF INSURED: GUERRUCCI ENZO                                                    625112911
00 GEOR
-------------------------
POLICY NUMBER                                                      AGENT
6251 129-808-11                                                    JAMES L SMITH
1188
------------------------------------------------------------
Year & MAKE                                                        COVERAGE - SEE
EXPLANATION ON
REVERSE
65 CHEV                                                            A B P1 C H U
-----------------------------------------------------------------

6

The minimum coverage requirements of the GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT

7

(commonly known as the NO FAULT LAW) have been automatically provided in your policy as shown

8

in the coverage block above. SEE BROCHURE FOR EXPLANTION OF CHANGES. Additional coverage can

9

be obtained by completing this form.

10

This form must be COMPLETED, SIGNED & RETURNED by: DEC. 20. 1974

11

-----------------------------------------------------------------------------------------------
OPTIONAL COVERAGE OFFER                  IF YOU   REJECTION OF COVERAGE
WANT
TO ADD
ANY
A choice of additional limits is         PHYSIC-  I UNDERSTAND THAT ACCEPTANCE
available under the Personal Injury      AL       OF ANY OPTIONAL P COVERAGE
Protection
DAMAGE   CONSTITUTES THE REJECTION OF
ALL OTHER COVERAGE# OPTIONS
EXCEPT THE
Coverage (P).  If you want to purchase    COVERA-  $5,000 BASIC P LIMIT WHICH
additional limits, please mark your      GE       UNDER THE LAW CANNOT BE
REJECTED
OR CHA-  I FURTHER UNDERSTAND THAT
NGE      PHYSICAL DAMAGE COVERAGE
OPTIONS
choice of limits below, sign, remove       ANY    INCLUDING LOSS OF USE, WERE
this portion from the identification              OFFERED TO ME I WISH TO
RETAIN MY
PHYSIC-  PRESENT PHYSICAL DAMAGE
AL       COVERAGE COVERAGES (IF ANY)
AND REJECT
cards, and return.                       DAMAGE   ALL OTHER PHYSICAL DAMAGE
COVERAGE OPTIONS UNLESS I
HAVE CHECKED
COVERA-  THE BLOCK IMMEDIATELY TO THE
GE       LEFT.
OPTIONAL     P2    P3    P4    MARK        21-13-74
COVERAGE                                 HERE.
-----------------------------
TOTAL         $10-  $26-  $50-                DATE
AGGREGATE LIMIT        ,-    ,-    ,-
0-    0-    0-
00    00    00
(Includes
P1 Benefits)
TO ASSURE ACCURACY
MARK
OVER THE X IN THE BOX
OF YOUR CHOICE LIKE                               X /s/ (signature)
THIS . . . X
-----------------------------
SIGNATURE
10

12

                                     Back
-------------------------------------------------------------------------------
HOW TO IDENTIFY YOUR COVERAGES
A     -Bodily Injury Liability          G  -Deductible Collision
B     -Property Damage Liability        K  -Deductible Combined Additional
Coverage*
C     -Medical Payments                 L  -Deductible Comprehensive and
Collision*
P     -Personal Injury Protection       M  -Emergency Road Service
D     -Comprehensive or Deductible      R  -Rental Reimbursement
Comprehensive
E     -Fire, Wind, and Theft            U  -Uninsured Motor Vehicle
F     -80% Collision                    S  -Auto Death Indemnity and Specific
Disability

13

* Applies only to AUTOMOBILE INSURANCE PLAN

*

Honorable Virgil Pittman, U.S. District Judge for the Southern District of Alabama, sitting by designation