Opinion
A89A0140.
DECIDED NOVEMBER 8, 1989.
Action on policy. DeKalb State Court. Before Judge Hunter.
Edgar L. Crossett III, for appellant.
Chambers, Mabry, McClelland Brooks, Clyde E. Rickard III, Thomas E. Brennan, for appellee.
This case initially came before us as an appeal from an order of the trial court granting summary judgment to Allstate Insurance Company. In Stepho v. Allstate Ins. Co., 191 Ga. App. 494 ( 382 S.E.2d 154), we held that the permissibility of inter-sibling suit under the family immunity doctrine did not make the family exclusionary clause in the contract of insurance void as against public policy, and affirmed the judgment of the trial court. In Stepho v. Allstate Ins. Co., 259 Ga. 475 ( 383 S.E.2d 887), the Supreme Court reversed our decision concluding the exclusion in question "is against public policy and must not stand."
The Supreme Court further held that Georgia's compulsory insurance law does not establish public policy as to sums greater than those required by such law; thus in the case sub judice "Allstate's liability is limited to the mandatory $15,000 coverage."
Accordingly, we must reverse the judgment of the trial court and remand this case with direction to apply the holding of the Supreme Court that the exclusion while violative of public policy was so only to the extent of the mandatory insurance amount of $15,000.
Judgment reversed and case remanded with direction. Deen, P. J., and Benham, J., concur.