Richard and Katherine Geiger and Katherine’s father, Jimmy Willoughby, collectively “the Appellants” filed suit against Georgia Farm Bureau Mutual Insurance Company “GFB”, alleging numerous claims in connection with a $1,200,000 default judgment entered against Willoughby in a personal injury lawsuit, against which suit the Appellants contend GFB should have provided a defense. The trial court granted GFB’s motion for summary judgment, which the Appellants now challenge. For the following reasons, we reverse in part and affirm in part. Summary judgment is proper when 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. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1 Viewed in favor of the Appellants, the record before us shows that the Geigers owned a tract of land at 3647 Rockmart Road “3647″, which they purchased in 2001 and which contained their main dwelling, and Willoughby began residing at that location in 2002. The Geigers subsequently purchased an adjacent parcel “3738″, which contained a mobile home that the Geigers removed from the property as well as three outbuildings. One of those buildings was a concrete structure, which the Geigers refurbished for Willoughby’s use; those repairs were completed in August 2004. In September 2005, the Geigers purchased a farm-owner’s insurance policy from GFB that provided general liability insurance and covered all of the Geigers’ property, including the parcels previously known as 3647 and 3738 Rockmart Road and all the structures thereon. Richard Geiger was the named insured on the policy. The dwelling at 3647 was listed on the policy along with the three other structures, including the concrete structure at 3738. A rendering of the covered property attached to the policy included the Geigers’ main dwelling and the concrete structure among other buildings.
In June 2006, non-party Donald Olin Roberson was trimming tree limbs near the 3738 structure, and he was injured in a fall from a ladder. Willoughby deposed that at the time of Roberson’s fall, he was living at the main dwelling because the well at the 3738 property was dry. GFB initially paid Roberson the medical payment policy limit of $1,000, but later disclaimed liability for the injury upon inquiry by his attorney. Thereafter, Roberson filed a personal injury suit against Willoughby the only individual present during the fall, who was personally served on January 8, 2008, at 3738; Roberson did not name the Geigers as defendants to the lawsuit.
