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Progressive Premier Ins. Co. of Ill. v. Newell

The exclusion language in the automobile insurance policy was not ambiguous and applied to the accident at issue, which occurred while the insured was delivering pizzas for his employer.

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In this insurance coverage case, Progressive Premier Insurance Company of Illinois “Progressive” appeals from the trial court’s grant of summary judgment in favor of American Insurance Company and RoHoHo, Inc. d/b/a Papa John’s Pizza “Papa John’s” as well as the denial of its motion for summary judgment in its favor. For the reasons explained below, we reverse.

“On appeal from the denial or grant of summary judgment, the appellate court must conduct a de novo review of the evidence to determine whether there exists 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.” Citation omitted. Northwest Carpets v. First Nat. Bank, 280 Ga. 535, 538 1 630 SE2d 407 2006. So viewed, the record shows that Progressive issued an automobile insurance policy to Philip Newell with limits of $25,000 per person and $50,000 per accident for bodily injury liability and $25,000 per accident for property damage liability. This policy contained the following exclusion:

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