Georgia Court Of Appeals, (February 08, 1985)
Docket number: 69262
DECIDED
CARLEY, Judge. - DECIDED
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http://vlex.com/vid/cole-v-allstate-insurance-company-20457262
Id. vLex: VLEX-20457262
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Judgment affirmed. Birdsong, P. J., and Beasley, J., concur.

On July 13, 1984, Barbara Yarborough was driving a pickup truck which was owned by her father, appellant Cole. Her common-law husband, appellant Johnson, and her daughter, Edna Cole, were passengers. The pickup truck developed engine problems, and Ms. Yarborough pulled the truck into the emergency lane of the highway. Johnson exited the truck and attempted to repair the engine. A few minutes later, Johnson asked Ms. Yarborough to bring him a pair of pliers. Both Ms. Yarborough and Edna Cole got out of the truck. Ms. Yarborough handed Johnson the pliers and she and Edna Cole then stood behind Johnson. Several minutes later, a van traveling on the highway left the road and struck the pickup truck, Ms. Yarborough and Edna Cole. Ms. Yarborough and Edna Cole were killed instantly.At the time of the collision, the pickup truck was covered by an insurance policy issued to appellant Cole by appellee-defendant insurer. Appellant Cole made a claim under the no-fault provisions of the policy for the burial expenses of both Ms. Yarborough and Edna Cole. Johnson made a claim for survivor's benefits under the no-fault provisions of the same policy. When appellee denied coverage, appellants initiated the instant litigation, seeking burial expenses and survivor's benefits, along with bad faith penalties and attorney fees. Appellee subsequently agreed to pay burial expenses for Edna Cole only. Appellee filed a motion for summary judgment. The trial court granted appellee's motion and appellants appeal.The trial court granted summary judgment in favor of appellee based on its finding that Ms. Yarborough's "death did not 'arise out of the operation, maintenance or use of a motor vehicle' insured by [appellee]." Appellants assert that this finding was erroneous, and that the trial court erred in granting summary judgment in favor of appellee.Under OCGA
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