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Ayers v. Association of County Comm'rs of Georgia-Interlocal Risk Management Agency

The trial court erred in finding in a declaratory judgment action that the insurer's maximum potential liability to indemnify an officer who shot a man while working with a 3-county drug task force was $1M under one county's policy, that the officer was not covered under the other two counties' policies and that those policies could not be stacked to provide an additional $3M in coverage.

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This appeal addresses the trial court’s order in a declaratory judgment as to coverage in a case involving the shooting death of a victim by a deputy sheriff. The trial court determined that liability coverage was limited to $1 million contained in an insurance policy issued to one of three counties that participated in a drug task force initially funded by a grant from the federal government. The plaintiff appeals this order. For the reasons that follow, we reverse.

Jonathan Paul Ayers was shot and killed by Billy Shane Harrison, who was a Stephens County deputy working for the Mountain Judicial Circuit Narcotics Criminal Investigation and Suppression Team “the NCIS Team”, which covered Stephens County, Habersham County, and Rabun County. In her capacity as Ayers’ surviving spouse and the administratrix of his estate, Abigail Marilyn Ayers sued Harrison and others in federal court under 42 U.S.C. §1983, but after the United States Court of Appeals for the Eleventh Circuit reversed in part and affirmed in part the district court’s order on the parties’ motions for summary judgment, the only claims remaining were §1983 excessive force claims and state assault, battery, and false arrest claims against Harrison. Ayers v. Harrison, 506 Fed. Appx. 883, 885 11th Cir. 2013.

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