The Supreme Court of Georgia held that the state's uninsured motorists (UM) statute requires an insurer to pay damages to its insured (a father) for the death of the insured's son. The son did not live with the insured and was not a covered person under his father's insurance policy, but the court found that state law required UM payment regardless of whether the person injured is a covered or noncovered person under the policy terms. The case is Gordon v. Atlanta Casualty Co., No. S04G1388, 2005 WL 696570 ( Ga. Mar. 28, 2005).

James O'Neal, Jr. was struck and killed by an uninsured motorist. At the time of the accident, he lived with his mother, who was separated from his father, James O'Neal, Sr. O'Neal, Sr., the named insured, sought uninsured motorists coverage for the wrongful death of his son from his insurer, Atlanta Casualty.