Zurich Am. Ins. Co. v. Heard

Because the trier of fact did not apportion the damages, joint liability and the right of contribution still existed under O.C.G.A. § 51-12-33 and the grant of summary judgment was not proper.

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Zurich American Insurance Company, American Zurich Insurance Company, and American Guarantee and Liability Insurance Company collectively “insurers” appeal from the trial court’s order granting summary judgment in favor of John Heard, John Heard Associates, Inc., Hairston Engineering, P. C., and Jerry Hairston, Jr. collectively “appellees”. The insurers contend that the trial court erred by concluding: 1 that contribution and indemnity under OCGA § 51-12-32 were precluded by the apportionment statute, OCGA § 51-12-33; 2 that even if contribution were still available, the insured and the appellees in this case were independent, not joint, tortfeasors, from whom contribution is not available; 3 that the settlement was a voluntary payment; and 4 that all of the insurer’s claims against the appellees should be considered reframed claims of contribution. For the reasons explained below, we agree and therefore reverse.

“On appeal from the grant or denial of summary judgment, we apply a de novo standard of review.” Citation omitted. Coca-Cola Bottlers’ Sales &c. v. Novelis Corp., 311 Ga. App. 161 715 SE2d 692 2011. “The moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Cit.” Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991; see also OCGA § 9-11-56 c. So viewed, the record shows that Pinkerton & Laws of Florida, Inc. “P&L” entered into a contract to serve as the general contractor for construction of a hotel in Brunswick, Georgia. While P&L’s contract provided for mandatory arbitration, it also included the following provision regarding joint arbitration of claims with the architect:

Zurich Am. Ins. Co. v. Heard

Because the trier of fact did not apportion the damages, joint liability and the right of contribution still existed under O.C.G.A. § 51-12-33 and the grant of summary judgment was not proper.

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