Archer v . Cotton States Mut. Ins. Co.

The appellant failed to prove that he had any right to proceed against an insurer in his own name with regard to a homeowner's policy renewal, which provided coverage for the homeowner's legal representative with respect to her covered premises and property at the time of her death.

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John David Archer takes this appeal from the trial court’s grant of summary judgment to Cotton States Mutual Insurance Company in the latter’s declaratory action concerning its responsibilities under a policy issued to Birdie G. Hill, of whose estate Archer is the executor. We affirm. On appeal from a grant of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp ., 235 Ga. App. 250 510 SE2d 541 1998.

The relevant facts are not in dispute. Hill died on October 18, 2006, and her will named Archer as both her sole heir and the executor of her estate. In late November 2006, Cotton States issued a 12-month homeowner’s policy renewal concerning 445 McMillan Street, Dacula, to “Birdie G. Hill.” The policy contained a provision as follows: Death. If any person named in the Declarations or the spouse, if a resident of the same household, dies: . . . we insure the legal representative of the deceased, but only with respect to the premises and property of the deceased covered under the policy at the time of death. Archer presented Hill’s will for probate in February 2007.

Archer v . Cotton States Mut. Ins. Co.

The appellant failed to prove that he had any right to proceed against an insurer in his own name with regard to a homeowner's policy renewal, which provided coverage for the homeowner's legal representative with respect to her covered premises and property at the time of her death.

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