MELTON, Justice.
After being injured in an automobile accident, Donna Floyd (sometimes referred to as the insured) received a payment from United Automobile Insurance Company representing the maximum allowable coverage under its policy with the tortfeasor who caused Floyd's injuries. Floyd later brought suit against American International South Insurance Company, with which she carried an uninsured motorist policy with $25,000 worth of coverage. Floyd maintained that, despite the $25,000 payment from United Automobile, American International was required to cover her remaining damages, including an outstanding hospital lien held by Atlanta Medical Center. Floyd argued that the available limits under the tortfeasor's liability policy had to be reduced by the amount of the unpaid hospital lien. American International disagreed.
The underlying lawsuit ensued, and based on the provisions of the uninsured motorist statute, the trial court granted summary judgment to American International. Floyd then appealed that decision to the Court of Appeals. In Floyd v. American Intl. South Ins. Co., 298 Ga.App. 771, 681 S.E.2d 216 (2009), the Court of Appeals reversed the trial court, finding that the policy limits available under the tortfeasor's liability insurance had to be reduced by the amount of the unpaid hospital lien, thereby increasing American International's exposure. Thereafter, we granted American International's petition for certiorari to determine whether the Court of Appeals erred in extending the rationale of Thurman v. State Farm Mut. Auto. Ins. Co., 278 Ga. 162, 598 S.E.2d 448 (2004), to the satisfaction of a hospital lien by the tortfeasor's liability insurer. We reverse.
In our contemporaneously decided case of State Farm Mut. Auto. Ins. Co. v. Adams,
Judgment reversed.
All the Justices concur, except HUNSTEIN, C.J., and BENHAM, J., who dissent.
BENHAM, Justice, dissenting.
I dissent because I believe appellant is obligated to pay the hospital lien for treatment appellee received for injuries caused by the tortfeasor. OCGA § 33-7-11(b)(1)(D)(ii) (2000) provides that
Inasmuch as there is a valid hospital lien in the case at bar, it triggers appellee's UM coverage limits because the lien lessens the tortfeasor's liability limits. Id. Since the lien in this case has not yet been paid and appellee has already received all the funds from the tortfeasor's liability carrier, I believe appellant is obligated to issue a check to the hospital for its lien. See Chatham County Hosp. Auth. v. Barnes, 226 Ga. 508, 175 S.E.2d 854 (1970) (a hospital debt arising out of an auto accident may be paid from UM funds). Accordingly, I would affirm the judgment of the Court of Appeals.
I am authorized to state that Chief Justice HUNSTEIN joins in this dissent.