UNIVERSAL SECURITY INSURANCE COMPANY v. LOWERY., 257 Ga. 363, 359 S.E.2.d 898

Supreme Court of Georgia

Status: DECIDED

Docket Number: 44505

Parts: WELTNER, Justice.

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Summary

Certiorari to the Court of Appeals of Georgia -- 182 Ga. App. 125., Judgment affirmed. All the Justices concur.

Summary

Certiorari to the Court of Appeals of Georgia -- 182 Ga. App. 125., Judgment affirmed. All the Justices concur.

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Lane, O'Brien & Coburn, Stanley A. Coburn, Stephen J. Caswell, for appellant.

We granted certiorari in Universal Security Ins. Co. v. Lowery, 182 Ga. App. 125 (354 SE2d 840) (1987), in order to consider the adequacy of corroboration required by OCGA 33-7-11 (b) (2). The facts are set forth in the opinion of the Court of Appeals.

While the evidence here may be subject to credibility concerns, it is nonetheless sufficient. The statutory requirement in cases where there is no physical contact is "description by the claimant of how the occurrence occurred corroborated by an eyewitness to the occurrence other than the claimant." If the General Assembly had intended to require corroboration by a disinterested third party, it could have so specified.

Lloyd W. Hoffspiegel, D. Glenn Brock, for appellee.