Policy Limits Contained in Commercial Motor Vehicle Liability Policy Could Not Be Enlarged by the Court in Spite of Federal Law Mandating Higher Limits

The Georgia Court of Appeals affirmed the trial court’s grant of partial summary judgment to the insurer, holding that the policy limits contained in the commercial motor vehicle liability policy could not be enlarged by the court, finding that federal law did not mandate reforming the policy to increase the coverage limits. Specifically, the Turners argued that federal law mandated that the insured transportation company maintain $5 million in liability coverage, and that therefore the Gateway policy should be reformed to comply with the federal requirement in spite of the fact that the policy specifically provided for coverage limits of $100,000/300,000.

Turner et al. v. Gateway Insurance Company, 290 Ga. App. 737, 660 S.E.2d 484 (2008).

Counsel for Defendant insurer: Lynn Roberson