Q: What dose ocga 33-24-41.1
A:
This statute (O.C.G. A. § 33-24-41.1) addressed instances when there are two insurance policies which apply to the same claim. It allows for a claimant (i.e., the injured person who is asserting the claim) to recover the policy limits from the primary policy and then pursue a second policy. The insurer paying first will have the claimant sign a limited liability release in exchange for the insurer paying its policy limits. The limited liability release ONLY releases the first insurer and the personal liability of the person who caused the wreck. The claimant is still free to pursue the second policy after having signed a limited liability release.
*This area of the law is fraught with pitfalls. One false step can be catastrophic to maximizing one's recovery. Hiring an attorney to help navigate these issues is a must.
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