Tolison v. Georgia Farm Bureau Mutual Insurance

Gregory, Justice,

concurring specially.

The substantial compliance rule is inappropriate here and will do nothing but create confusion for the bar and the people of this state if it is used to govern application of OCGA § 33-34-5 (b). See St. Paul Fire &c. Ins. Co. v. Nixon, 252 Ga. 469 (314 SE2d 215) (1984). What is needed is a clear and easily applied guide which gives a definite answer in each case. Anything less spawns needless litigation. Such a rule was intended by the legislature from the outset and we do a disservice to add confusion. How can the citizens of Georgia be expected to apply a rule which has led the four justices of this court who adhere to the rule to divide two against two in this case as to the result which should be reached?

In Flewellen v. Atlanta Cas. Co., 250 Ga. 709 (300 SE2d 673) (1983), we agreed with Jones v. State Farm Mut. Auto. Ins. Co., 156 Ga. App. 230 (274 SE2d 623) (1980), and held the purpose of OCGA § 33-34-5 was to resolve conflicts which arise between insureds and their insurers by looking to the policy to determine if optional benefits have been rejected. The object was to avoid litigation. The method was to require that the attention of the insured be focused on each of the optional coverages and a specific decision as to acceptance or rejection of each be made by the insured through the device of requiring signatures on “separate spaces.” We further held the re*102quirements of the statute are satisfied by two signatures, one for each of the optional coverages. We should now recognize that two signatures are required by the statute. That would correctly interpret the statute and provide the definite rule needed.

Because application of the rule of two signatures reaches the same result as the majority opinion, and not because I believe we should use the substantial compliance rule, I concur in the judgment only as to Division 1 of the majority opinion. I concur in Division 2 of the majority opinion.

I am authorized to state that Justice Clarke and Justice Smith join in this special concurrence.