Articles Tagged with drunk driving injuries

Insurance policy exclusions and collection of damages from insurance policies.An injured woman settled for $400,000.00 after  she  was hit by a golf cart driven by  an intoxicted driver.  The plaintiff in this case was walking after leaving  an  outdoor  concert in  Peachtree  City.  She was then struck by  a golf  cart  driven  by a man  who was later arrested for  DUI.     The Defendant in  the case was  leaving the outdoor concert and had parked his golf cart  near the golf cart path.    As the defendant pulled  onto  the path, he  struck the plaintiff  and kept  going until a passersby stopped  him and  removed the key from the golf cart.   It was reported that the Defendant was not aware that he had hit the injured lady.  The Plaintiff’s injuries included two broken bones in her leg, and her medical bills totaled $75,000.00.

The Defendant’s insurance company fought to exclude liability coverage under the Defendant’s homeowner’s insurance policy.  The company argued that the golf cart was excluded from the Defendant’s liability coverage.  The insurance company then filed a complaint for declaratory judgment arguing “policy exclusion”.

The court; however, held that the  wording in  the insurance policy was  “unclear”.  The policy attempted to include an exclusion for golf carts based on the number of people the cart was designed to carry.  Further the court held that the language in the insurance policy was ambiguous  and coverage exclusions must be clearly defined.