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Eells v. State Farm Mut. Auto. Ins. Co.

On remand, the trial court must determine whether the insurance contract's coverage provisions were ambiguous and, if so, whether the plaintiff's 2-year delay in providing written notice of the accident was justified.

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Christopher Eells appeals from the trial court’s order dismissing his complaint and granting summary judgment in favor of State Farm Mutual Automobile Insurance Company. Eells contends in several related enumerations that the trial court erred in finding that he did not give State Farm sufficient, required notice of the accident in a timely fashion; he also argues that the trial court erred in failing to allow a jury to determine whether he was a resident in his parents’ home for purposes of qualifying for insurance coverage. For the reasons that follow, we affirm in part, reverse in part, and remand this case to the trial court for further proceedings not inconsistent with this opinion.

Pursuant to OCGA § 9-11-56 c, summary judgment is appropriate when no genuine issue of material fact exists and when the moving party is entitled to judgment as a matter of law.

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