By

David Terry
Subrogated insurance carriers have historically had success achieving recoveries in the automotive industry for property damage or diminution in value involving “conventional” defects, such as a faulty design which make a vehicle susceptible to a fire or improper activation of airbags. Advanced vehicle technologies present other, new opportunities for recovery, especially in the right case....
Georgia has traditionally adhered to the “made whole” doctrine, which provides that, “[w]here the insurer or the insured must go unpaid to some extent, the loss should be borne by the insurer, since the insurer has already been paid a premium for assuming this risk and would have been obligated to pay medical expenses regardless...