Legal Question in Insurance Law in Georgia

Comprehensive coverage denail in case of damage due to sliding on ice - Argument

I have a comprehensive coverage with no collision coverage with State farm insurance. Now, couple a days back, sadly Georgia had some snow, and the clearing of snow in the highways wasnt efficient enough. While I was driving in my jeep, I slid on this huge chunk of ice, and went side on to the concrete barrier, which caused the entire right side severe body and suspension damage. The insurance agents, smart as they are when it comes to claims, cut me out and denied coverage. My reasoning is that the damage was caused by ice which made me slide in the first place. So it does come under comprehensive, if not entirely it sure does partially. This is a special case where both collision and comprehensive is involved, and hence makes it tricky. I checked the defnitions for comprehensive, which states damages due to natural causes, and collision - which states damages due to colliding. Anyways, i called the agents again and argued my point for atleast a partial coverage (the jeep was totalled at $5000 loss). I am a student and cannot afford this repair.

My question to y'all is if this is a strong enough case to be argued legally in the state of Georgia (against State farm insurance). Kindly let me know what your thoughts are..

thanks.


Asked on 2/01/05, 8:11 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Comprehensive coverage denail in case of damage due to sliding on ice - Argu

Although I haven't read the policy, it sounds to me like you have a good argument regarding coverage. I would suggest either filing in small claims court or retaining local counsel to assist you in writing a letter and filing suit in state/superior court if needed.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 2/02/05, 9:21 am


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