Wheeler v. Standard Guaranty Insurance

On Motion for Rehearing.

Movant urges that we have overlooked OCGA § 33-24-45 (j) (Code Ann. § 56-2430.1) and our holding in Concord Group Ins. Co. v. Terry, 130 Ga. App. 13, 14 (202 SE2d 471). What movant overlooks is that OCGA § 33-24-45 (j) (Code Ann. § 56-2430.1), which provides for the notification of the insured of his possible eligibility for insurance in the Georgia Automobile Assigned Risk Plan, only comes into play where a notice of intention not to renew under OCGA § 33-24-45 (e) (Code Ann. § 56-2430.1) must be given. This is evident from the language of OCGA § 33-24-45 (j) (Code Ann. § 56-2430.1) which provides: “Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew or not to continue the policy.” Notice, of course, need not be given where “the insurer... manifested its willingness to renew ...” under OCGA § 33-24-45 (f) (3) (Code Ann. § 56-2430.1). This is true for the reason that where the insurance company manifests its willingness to renew under that section it does not cancel the policy, but subsequently, in effect, the insured cancels the policy by his inaction or his failure to accept the insurer’s offer.