Hardy v. Nationwide Insurance

Carley, Judge,

concurring specially.

I am constrained to concur in the result reached by the majority that the application form complies with the current statutory language set forth in OCGA § 33-34-5 (b). However, I must disagree with the majority that the intent and purposes of the statute after the 1982 amendment “remained the same” as that in effect prior to the amendment. While that may have been the hope of some, the present statute really requires no particular format insuring that the form will be self-explanatory to any person of reasonable intelligence so long as that form contains the new magic words in bold-faced type “indicating that the optional coverages listed in subsection (a) of this Code section have been explained to the applicant.” It is to be noted that there is no requirement that the bold-faced type statement indicate that the form itself has been explained.

With that preface, I cannot help but opine that this form, while admittedly barely complying with the new statute, is unbelievably deceptive in that the block wherein one may indicate his selection of only basic personal injury protection is captioned by the words: “FULL COVERAGE.” Especially is this a less than adequate description in view of the fact that there is absolutely no coverage which may be purchased that is less than that which is designated as “FULL COVERAGE.”