Davis v. Kaiser Foundation Health Plan of Georgia, Inc. ( 1999 )

Hines, Justice,

concurring.

Although I agreed with the dissent in Duncan v. Integon Gen. Ins. Corp., 267 Ga. 646 (482 SE2d 325) (1997), I join in the opinion in this case because of the legislature’s enactment of OCGA § 33-24-56.1.1 think that it is reasonable to conclude that the enactment was, at least in part, a direct response to the questions raised by Duncan. That being so, it must be presumed that the legislature intended to adopt the principles of law announced in Duncan. Peachtree-Cain Co. v. McBee, 254 Ga. 91, 93 (1) (327 SE2d 188) (1985). The Duncan majority rested on policy considerations. And the legislature has confirmed the implicit finding of Georgia’s overriding public policy of complete compensation.

I am authorized to state that Justice Sears joins in this concurrence.