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S09G1710. STATE FARM AUTOMOBILE INSURANCE COMPANY v. ADAMS
State: Georgia
Court: Supreme Court
Docket No: S09G1710
Case Date: 11/30/2010
Preview:Final Copy 288 Ga. 315

S09G1710. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. ADAMS.

MELTON, Justice. After being injured in an automobile accident, Randolph Adams (sometimes referred to as the insured) brought suit against the tortfeasor, who carried a $25,000 insurance policy with Nationwide. Pursuant to a negotiated settlement, Nationwide exhausted its coverage by paying (1) $15,782.34 to Adams and his attorney, and (2) $9,217.66 to Grady Hospital in order to satisfy a hospital lien for unpaid services rendered to Adams to treat his injuries. Because his damages exceeded $25,000, Adams filed a claim with his uninsured motorist carrier, State Farm, with whom Adams carried $100,000 worth of coverage. In response, State Farm paid Adams $75,000, contending that it was entitled to a credit for all of the coverage paid out by Nationwide. Adams, however, maintained that State Farm was not entitled to a credit for Nationwide's payment of Grady Hospital's lien. The underlying lawsuit ensued, and based on the provisions of the

uninsured motorist statute, the trial court granted summary judgment to State Farm. Adams then appealed that decision to the Court of Appeals. In Adams v. State Farm Mut. Auto. Ins. Co., 298 Ga. App. 249 (679 SE2d 726) (2009), the Court of Appeals reversed the trial court, finding that State Farm was not entitled to a credit against Adams' coverage for the hospital lien paid by Nationwide. Thereafter, we granted State Farm's petition for certiorari to determine whether the Court of Appeals erred in extending the rationale of Thurman v. State Farm Mut. Auto. Ins. Co., 278 Ga. 162 (598 SE2d 448) (2004), to the satisfaction of a hospital lien by the tortfeasor's liability insurer. For the reasons set forth below, we reverse. Resolution of the issue in this case requires a review of the bedrock principles of uninsured motorist law set forth in OCGA
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