Lunceford v. Peachtree Cas. Ins. Co

In Lunceford v. Peachtree Cas. Ins. Co. 230 Ga. App. 4 (495 SE2d 88) (1997), Peachtree Casualty Insurance Company ("Peachtree") filed a declaratory judgment action to determine its obligation to pay punitive damages in connection with a personal injury action filed against its insured, arising out of an automobile collision and alleged DUI. The Court reversed the grant of summary judgment to Peachtree on the issue of coverage for punitive damages because the insurance policy did not explicitly exclude punitive damages, noting that "had the insurer wished not to cover or to exclude punitive damages, it could have done so clearly and specifically. It did not, and consequently, it is bound by the broad language of the policy." Id. at 5 (1).