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

Damages for a sexual battery that occurred in a car did not arise out of the use of the car; therefore, the insurance policy in question did not cover the damages.

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DeAnna Myers’s disabled adult ward, D. M., was the victim of a sexual battery while riding in the backseat of a car. On D. M.’s behalf, Myers brought suit for damages against, among others, the driver of the car. State Farm Mutual Automobile Insurance Company brought a separate action seeking a declaratory judgment that an automobile liability insurance policy it had issued to the driver’s wife did not cover the damages alleged in the underlying suit. Myers and State Farm filed cross motions for summary judgment in the declaratory judgment action. The trial court granted summary judgment to Myers and denied summary judgment to State Farm, and State Farm appeals. Because the damages alleged in the underlying suit did not arise out of the ownership, maintenance or use of the car, as required for coverage under the policy, State Farm was entitled to summary judgment in the declaratory judgment action. Accordingly, we reverse. Summary judgment is proper where there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. On appeal from the grant or denial of summary judgment, we conduct a de novo review, construing the evidence and all reasonable conclusions and inferences drawn therefrom in the light most favorable to the nonmovant. Allstate Ins. Co. v. Neal , 304 Ga. App. 267 696 SE2d 103 2010.

The relevant facts are not in dispute. State Farm issued an automobile insurance policy to Jesse Johnson. Her husband, Kenneth Johnson, used the car listed in the policy to drive Medicaid patients to and from medical appointments on behalf of LogistiCare, Inc. On February 20, 2008, he drove D. M. to a medical appointment. On the return trip, D. M., Myers, and Kenneth Johnson’s brother, Dondi Johnson, sat in the backseat of the car. When Myers fell asleep, Dondi Johnson repeatedly touched D. M.’s breast and thigh without her consent. He later pled guilty to sexual battery for these acts.

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

Damages for a sexual battery that occurred in a car did not arise out of the use of the car; therefore, the insurance policy in question did not cover the damages.

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