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

Vincent and Patricia Croft seek a declaration that their homeowner’s insurance carrier is liable for the full replacement cost to rebuild their house even though it was only partially damaged by fire. The Crofts allege that because the house is located in a flood plain and was damaged by more than 50 percent of its value, a county ordinance requires that any repair to the house must conform to requirements for new construction, which will necessitate rebuilding the house. The carrier informed the Crofts that any damages subject to the “code upgrade exclusion” in the Croft’s policy would not be covered. In response to motions from both sides, the trial court held that the exclusion was not enforceable, and it therefore granted judgment on the pleadings in favor of the Crofts and denied the carrier’s motion for summary judgment. The carrier appeals. We affirm the denial of the carrier’s motion but reverse the judgment in favor of the Crofts.

A plaintiff is entitled to a judgment on the pleadings under OCGA § 9-11-12 c only when there is a complete failure to state a defense to the plaintiff’s claims and, based on the undisputed facts found in the pleadings, the plaintiff is entitled to judgment as a matter of law. Pressley v. Maxwell, 242 Ga. 360 249 SE2d 49 1978; Perry Golf Course Dev. v. Housing Auth. of the City of Atlanta, 294 Ga. App. 387 670 SE2d 171 2008. For the purposes of the motion, all of the non-movant’s well-pleaded material allegations are to be taken as true, and all of the movant’s here, the Crofts allegations that have been denied are taken as false. Id. See also Alexander v. Wachovia Bank, Nat. Assn., 305 Ga. App. 641 700 SE2d 640 2010 same. And “the trial court is not required to adopt a party’s legal conclusions based on those facts.” Citation omitted. Novare Group v. Sarif, 290 Ga. 186, 191 4 718 SE2d 304 2011. Also, a trial court may consider “exhibits that have been incorporated into the pleadings.” Footnotes omitted. Printis v. Bankers Life Ins. Co., 256 Ga. App. 266 568 SE2d 85 2002, aff’d 276 Ga. 697 583 SE2d 22 2003. Our review, in accordance with the above law, is de novo. Perry Golf, supra at 387.