Summary
In State Farm Mutual Automobile Insurance Co. v. Weathers, 260 Ga. 123, 123, 392 S.E.2d 1 (1990), this Court approved the Court of Appeals's holding in Roman v. Terrell, 195 Ga. App. 219, 393 S.E.2d 83 (1990), that the "all sums" statutory language that had been at issue in Gordon did not cover punitive damages because the statute provided for the recovery of all sums which the insured was entitled to recover as damages "because of bodily injury to or death" and "because of injury to or destruction of property."
Summary of this case from Coen v. Aptean, Inc.Opinion
S90G0337.
DECIDED APRIL 25, 1990.
Certiorari to the Court of Appeals of Georgia — 193 Ga. App. 557.
Kent Rackett, A. Martin Kent, for appellant.
Clarence L. Martin, Arthur L. Cooper, Tom A. Edenfield, for appellees.
Swift, Currie, McGhee Hiers, Guerry R. Moore, William P. Claxton, William S. Stone, Winburn, Lewis Barrow, Frank J. Beltran, amici curiae.
We granted certiorari to the Court of Appeals to consider whether an insurance company is liable for punitive damages to its insured under uninsured motorist coverage. State Farm Mut. Auto. Ins. Co. v. Weathers, 193 Ga. App. 557 ( 388 S.E.2d 393) (1989). In Weathers, a panel of the Court of Appeals ruled that where the uninsured tortfeasor is known and subject to the trial court's jurisdiction, the insurance company is liable for punitive damages. Thereafter, in Roman v. Terrell, 195 Ga. App. 219 ( 393 S.E.2d 83) (1990), the whole court, with one dissent, overruled Weathers, and held that an insurance company is not liable to its insured for punitive damages under uninsured motorist coverage. This court denied the application for a writ of certiorari in Roman.
We agree with the reasoning of the majority opinion of the Court of Appeals in Roman v. Terrell, supra, and reverse the judgment in State Farm v. Weathers, supra, insofar as it relates to punitive damages.
Judgment reversed. Clarke, C. J., Weltner, Bell, Fletcher, JJ., and Judge John Crosby, concur; Smith, P. J., dissents; Benham, J., not participating.