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McGraw v. IDS Prop. & Cas. Ins. Co.

The trial court erred in construing the plaintiff's vehicle liability policy to provide a lesser amount of uninsured/underinsured coverage than that required by O.C.G.A. § 33-7-11 subsection a 1, as the evidence did not show that the plaintiff made an affirmative choice for less coverage than the statutory default amount.

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This appeal concerns the amount of uninsured/underinsured UM coverage available under a vehicle liability insurance policy that IDS Property & Casualty Insurance Company issued to Tommy E. McGraw. Because the undisputed evidence does not demonstrate that McGraw affirmatively chose an amount of UM coverage less than the statutory default amount, the trial court erred in finding that the policy provided UM coverage in the lesser amount. Accordingly, we reverse both the trial court’s grant of summary judgment to IDS and its denial of partial summary judgment to McGraw on the issue of the amount of UM coverage in the policy.

Summary judgment is appropriate where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. OCGA § 9-11-56 c. On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo, and all reasonable conclusions and inferences drawn from the evidence are construed in the light most favorable to the nonmovant. Congress Street Properties v. Garibaldi’s, 314 Ga. App. 143, 145 723 SE2d 463 2012.

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