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Donovan v. State Farm Mut. Auto. Ins. Co.

Because the defendant insurer was the sole difference-in-limits UM carrier whose policy potentially provided coverage for the plaintiff's claims, stacking and priority of payments rules did not apply.

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Lara Donovan was injured in an automobile accident involving a vehicle driven by Jonathon McMillon. Donovan sued McMillon and three underinsured motorist “UM” carriers, including State Farm, her mother’s insurance carrier.1 McMillon’s insurance carrier, Progressive Insurance Company, paid Donovan the $25,000 limits of his liability insurance policy. State Farm subsequently moved for summary judgment, contending that it is entitled to a set-off for the $25,000 paid by McMillon’s insurer. The trial court granted State Farm’s motion, and Donovan appeals. On appeal, Donovan contends that State Farm is not entitled to set off the $25,000 paid under McMillon’s insurance policy against State Farm’s $25,000 UM coverage limit. For the reasons that follow, we affirm.

“On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is 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.” Citations and punctuation omitted. Campbell v. The Landings Assn., Inc., 289 Ga. 617, 618 713 SE2d 860 2011.

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