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Roundtree v. Everest Security Ins. Co.

The appellant's default in the insurer's declaratory judgment action by admission that the insured's wife was an excluded party under the policy in question.

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After Angela Roundtree’s car was struck by a car driven by Sabrina Musgrove, Roundtree filed a complaint against Mrs. Musgrove’s husband, Tony Musgrove.1 A demand was made upon Everest Security Insurance Company to defend Mr. Musgrove based upon its issuance of an automobile insurance policy listing Mr. Musgrove as a “named insured.” Everest filed a complaint for declaratory judgment, asserting that it was not required to provide coverage for the incident because Mrs. Musgrove was explicitly listed as an excluded party under the terms of the policy. Roundtree did not file an answer to Everest’s complaint, and she acknowledges that the action went into default. Roundtree filed a motion to open the default under OCGA § 9-11-55 b, and both parties later filed motions for summary judgment. The trial court denied Roundtree’s motions, and it granted summary judgment in favor of Everest. Roundtree appeals, claiming that the trial court should have granted her motion for summary judgment and denied the motion filed by Everest. We find no error and affirm.

Roundtree does not appeal the trial court’s denial of her motion to open the default, and as a result of the default she is treated as having “admitted each and every material allegation” of Everest’s complaint for a declaratory judgment.2 “The default concludes the defendant’s liability, and estops her from offering any defenses which would defeat the right of recovery.”3

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