Kovacs v. Cornerstone Nat'l Ins. Co.

The automobile insurer was not required to provide coverage in the underlying injury suit, which arose after the insured's son hit a pedestrian in a covered vehicle, as the policy's unlisted household resident exclusion applied.

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Joseph Kovacs sued Joshua Lockhart to recover damages that Kovacs sustained when he was struck by a vehicle driven by Lockhart. Cornerstone National Insurance Company “Cornerstone” had issued an automobile insurance policy covering Lockhart’s mother and the vehicle involved in the accident. Cornerstone filed a declaratory judgment action with the trial court seeking a determination that it was not required to provide coverage for the accident since Lockhart was excluded from coverage under the policy. Cornerstone filed a motion for summary judgment on the issue, which the trial court granted. Kovacs appeals the trial court’s ruling. We agree with Kovacs that the trial court erred in finding that the non-permissive user exclusion barred coverage. We nevertheless affirm the trial court’s grant of summary judgment to Cornerstone because the evidence shows that the unlisted household resident exclusion applied in this case.

Summary judgment is appropriate if the pleadings and evidence “show that there is no genuine issue as to any material fact and that the moving party is entitled to a 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, with all reasonable inferences construed in the light most favorable to the nonmoving party. A grant of summary judgment must be affirmed if right for any reason, whether stated or unstated. It is the grant itself that is to be reviewed for error, and not the analysis employed.

Kovacs v. Cornerstone Nat'l Ins. Co.

The automobile insurer was not required to provide coverage in the underlying injury suit, which arose after the insured's son hit a pedestrian in a covered vehicle, as the policy's unlisted household resident exclusion applied.

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