Barker v. Muschett, [Ms. A25A0583, June 2, 2025] __ Ga. App. __ (2025). The court (McFadden, P.J.; Hodges and Pipkin, JJ., concur), affirmed summary judgment for the defendant, holding that Barker failed to preserve her claim for underinsured motorist (UM) benefits after settling with the tortfeasor’s insurer. Although the release reserved claims “to the extent other insurance coverage is available,” it did not comply with OCGA § 33-24-41.1 (b)(1), which requires a claimant to release the settling carrier in order to preserve a UM claim. The Court held that the statute establishes the exclusive method for preserving UM claims after a liability settlement, citing Thompson v. Allstate Ins. Co., 285 Ga. 24, 26 (1) (2009), and Carter v. Progressive Mountain Ins., 295 Ga. 487, 489 (2014). Because Barker’s release lacked the required statutory language, her UM claim was extinguished, and summary judgment was proper Ms. **5–6.
