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Georgia Farm Bureau Mut. Ins. Co. v. Willoughby

Geiger v. Georgia Farm Bureau Mutual Insurance Co., 305 Ga. App. 399 2010 decided the issue of whether the jury should consider whether the plaintiff was insured under his daughter and son-in-law's insurance policy for an injury suit in which a $1.2M default judgment was entered against the plaintiff for failure to answer the complaint.

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We granted the application of Georgia Farm Bureau Mutual Insurance Company “GFB” for interlocutory appeal to consider the trial court’s treatment of our decision in Geiger v. Georgia Farm Bureau Mutual Insurance Co., 305 Ga. App. 399 699 SE2d 571 2010. The facts are set forth in that opinion and will not be restated here. GFB contends the trial court erred by failing to apply the holdings in the first decision. We agree and reverse.

1. In Geiger, we reversed the trial court’s grant of summary judgment on Jimmy Willoughby’s claims against GFB and held that questions of fact remained “as to whether Willoughby was a member of the named insureds’ household and, thus, whether he was an insured to whom GFB had a duty to defend.” 305 Ga. App. at 400. We further held that, because that factual question exists, the trial court erred in finding that GFB had no duty to defend Willoughby. In the final division we concluded, “Based on our holding in Division 1, we do not address the Appellants’ remaining enumerations with regard to Willoughby’s claims against GFB.” Id. at 404 3.

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