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Landrum v. Infinity Safeguard Ins. Co.

As an insured, the injured passenger was not an innocent member of the motoring community, since she was deemed to know the contents of her policy, which did not extend coverage to her grandson, who resided with her and caused the accident in question when he ran a stop sign while driving her vehicle.

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Sandra Landrum and Kenneth Turner appeal from the trial court’s order granting summary judgment in favor of Infinity Safeguard Insurance Company “Infinity”. Appellants contend that the trial court erred by failing to find a policy exclusion void as against public policy. For the reasons explained below, we affirm.

“On appeal from the denial or grant of summary judgment, the appellate court must conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citation omitted. Northwest Carpets v. First Nat. Bank, 280 Ga. 535, 538 1 630 SE2d 407 2006. So viewed, the record shows that Landrum was a passenger in a car driven by her adult grandson, Turner, when he ran a stop sign and caused an accident with a third party. At the time of the accident, Landrum was the owner of the car driven by Turner, and Turner resided with her. Following the accident, Landrum filed a complaint against Turner seeking damages for her personal injuries.

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