Government Employees Ins. Co. v. Kralick

The insured's failure to add the ATV involved in the accident at issue to his automobile policy had no bearing on the issue of coverage, as the accident occurred two weeks after the insured acquired the ATV and the policy contained a 30-day automatic insurance clause.

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These appeals arise from a declaratory judgment action brought by Government Employees Insurance Company GEICO against several defendants to determine accident coverage under automobile and umbrella insurance policies. In Case No. A11A2297, GEICO appeals, challenging the trial court’s grant of a motion in limine. And in Case No. A11A2298, several defendants appeal, challenging a directed verdict as to the umbrella policy. Because GEICO has failed to show that the trial court abused its discretion in excluding references to irrelevant evidence and the defendants have failed to show that there is a conflict in the evidence, we affirm the judgment of the trial court in both cases. On August 27, 2005, Werner Kralick purchased a Yamaha 450 all-terrain vehicle ATV. Approximately two weeks later, on September 10, 2005, Kralick’s daughter, Sarah Kralick, and her friend, Amy Stowers, were involved in an accident while riding the ATV. At the time of the accident, Kralick had a homeowners insurance policy with Allstate Insurance Company, and an automobile insurance policy and an umbrella policy with GEICO.

Allstate filed a petition for declaratory judgment against GEICO, the Kralicks, Stowers and her parents, Brick and Pam Mason. GEICO filed a cross-claim for declaratory judgment. Both Allstate and GEICO moved for summary judgment on the grounds that their respective policies did not cover the accident. Allstate was dismissed from the action after the trial court granted its motion, and that summary judgment ruling was affirmed on appeal. Mason v. Allstate Ins. Co. , 298 Ga. App. 308 680 SE2d 168 2009. But the trial court denied summary judgment to GEICO, and it was substituted as the only remaining plaintiff in the consolidated pre-trial order.

Government Employees Ins. Co. v. Kralick

The insured's failure to add the ATV involved in the accident at issue to his automobile policy had no bearing on the issue of coverage, as the accident occurred two weeks after the insured acquired the ATV and the policy contained a 30-day automatic insurance clause.

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