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Mornay v. National Union Fire Ins. Co. of Pittsburgh, P.A.

The plaintiffs could not sue the liability insurer directly because the vehicle in question fell within an exemption to the Georgia Motor Carrier Act.

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Kenneth Mornay, Sr., individually and as the administrator of the Estate of Sylvia Mornay, Sharon Marie Mornay Bright, and Karen Ann Thomas collectively “the Plaintiffs” filed suit against Southeastrans, Inc. and its liability insurer, National Union Fire Insurance Company of Pittsburgh, P.A. “National Union”, for claims arising out of Sylvia Mornay’s death. The Plaintiffs named National Union as a party pursuant to OCGA § 40-1-112, which allows plaintiffs to file a direct action against the insurers of motor carriers. National Union moved for summary judgment on the ground that the relevant vehicle fell within an exemption to the motor carrier definition under OCGA § 40-1-100 12 B vii. The trial court granted National Union’s motion. The Plaintiffs appeal, contending that the trial court erred in concluding that the subject vehicle was exempt from the definition of a motor carrier. For the reasons that follow, we affirm.

To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the nonmovant’s favor, warrant judgment as a matter of law. We review de novo a trial court’s grant or denial of summary judgment, construing the evidence in a light most favorable to the nonmoving party.

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