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American Alternative Ins. Co. v. Bennett

The insurer was not liable for uninsured motorist coverage in the case, because no actual physical contact occurred when a log hanging off of an unknown log truck allegedly hit the claimant's windshield and no eyewitness was present to corroborate the claimant's account of the incident.

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In this insurance coverage case, American Alternative Insurance Company AAIC appeals from the trial court’s grant of partial summary judgment in favor of James Lawrence Bennett as well as the denial of its motion for summary judgment. For the reasons explained below, we reverse.

On appeal from the denial or grant of summary judgment, the appellate court must conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Citation omitted. Northwest Carpets v. First Nat. Bank, 280 Ga. 535, 538 1 630 SE2d 407 2006. So viewed, the record shows that AAIC issued a Business Automobile Policy insuring Billy Scott and/or Billy Scott Logging, including uninsured motorist coverage which was in effect at the time of the collision. Bennett was an employee of Billy Scott Logging at the time of the incident.

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