State Farm Fire Cas. Co. v. Moss

The trial court erred in denying the insurer's motion for summary judgment in its action seeking a declaration of its obligations under a homeowner's insurance policy, because the policy provision excluding coverage for personal injuries sustained by a tenant renting the insured premises applied.

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State Farm Fire and Casualty Company filed suit in the Superior Court of Henry County seeking a declaration of its obligations to Virginia Moss under a homeowner’s policy of insurance issued to her on her secondary residence, a lake home that Moss had rented to Heather and Christopher Corbin. The Corbins had filed an underlying personal injury suit against Moss in the State Court of Henry County based on injuries that Heather Corbin had allegedly sustained while a tenant at Moss’s lake home. Following a hearing on the parties’ cross motions for summary judgment, the superior court granted partial summary judgment in favor of Moss and the Corbins, finding that the lake home was an “insured location.” However, it denied the parties’ motions on the remaining ground, finding that a factual dispute existed concerning whether the Corbins’ tenancy constituted an “occasional rental” that fell outside the coverage exclusion generally applicable to rented premises.

In Case No. A16A1037, State Farm appeals from the grant of partial summary judgment. In Case No. A16A1038, the Corbins cross-appeal, challenging the court’s order denying their motion for summary judgment. In both appeals, the parties contend that the superior court erred in denying their motions for summary judgment with respect to the applicability of the “occasional rental” exception to the rental exclusion. For the reasons that follow, we resolve both appeals and reverse the order of the superior court, finding that the undisputed evidence shows that the Corbins’ rental was not occasional, and that the policy specifically excludes coverage for the bodily injuries which are the subject of the underlying litigation.

State Farm Fire Cas. Co. v. Moss

The trial court erred in denying the insurer's motion for summary judgment in its action seeking a declaration of its obligations under a homeowner's insurance policy, because the policy provision excluding coverage for personal injuries sustained by a tenant renting the insured premises applied.

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