Occidental Fire Cas. Of North Carolina v. Goodman

The main appeal in this case challenges a trial court’s order granting summary judgment to plaintiffs on their claims for breach of contract and reformation of an insurance policy to name the correct insured and denying summary judgment to the defendants as to all claims. However, the trial court correctly ruled that the insurance policy must be reformed to correct the mutual mistake of the parties naming the wrong insured and correctly found that there exist genuine issues of material fact as to the remaining claims. Accordingly, we affirm the summary judgment rulings. The cross-appeal challenges the trial court’s order dismissing certain of the plaintiffs’ claims as time-barred by the statute of limitation. However, the trial court correctly ruled that the claims were filed after the statute of limitation had expired, so we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Norton v. Cobb, 284 Ga. App. 303 643 SE2d 803 2007. This Court reviews de novo a grant or denial of summary judgment, viewing the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Id. at 303-304.

So viewed, the evidence shows that on November 17, 2008, R R Spirits of Atlanta, LLC entered into an agreement with Irish Bred Pub Grill V, Inc., for the purchase of all the assets and interests of a bar and restaurant business in McDonough, Georgia known as Irish Bred Pub Grill. On February 26, 2009, Anthony Jones, the sole member of R R, signed an application for commercial insurance coverage for the new bar and restaurant business. The application identified the insureds as Irish Bred Pub Grille V, Inc., and Irish Bred Pub Grill. On that same date, Jones signed an acceptance of a written proposal for insurance coverage from Occidental Fire Casualty of North Carolina for Irish Bred Pub Grill V, Inc. and Irish Bred Pub Grill. Thereafter, Occidental issued an insurance policy, effective February 27, 2009, listing the insured as Irish Bred Pub Grill V, Inc.