Alvin Aaron sued his insurance company, Georgia Farm Bureau Mutual Insurance Company “Georgia Farm”, for breach of contract and specific performance, arising out of Georgia Farm’s refusal to pay Aaron’s claim under his homeowner’s insurance policy and its refusal to participate in the appraisal procedure provided by that policy. The trial court granted Georgia Farm’s motion for summary judgment, and Aaron appeals. We affirm. Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.1 We apply a de novo standard of review to an appeal from the grant or denial of summary judgment, and we view the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmoving party.2 So viewed, the record shows that on or about September 29, 2001, Aaron’s home was struck by a moving vehicle. Georgia Farm assigned Aaron’s claim to adjuster Warren Carswell. In June 2002, an agreement was reached with a contractor concerning the scope of the damage and repair cost for the home. On July 3, 2002, Aaron’s attorney sent a letter to Georgia Farm asking that it provide Aaron with a breakdown of the expected repairs and costs and also taking issue with the fact that the repair estimate did not include replacement of the septic tank and drainage lines, which Aaron alleges were damaged as a result of the accident. On July 5, 2002, Carswell forwarded to Aaron the repair estimate, and noted in his letter that the actual cash value loss totaled $20,336.01, after depreciation. In a letter dated July 23, 2002, Carswell advised Aaron’s counsel of the details of the repair estimate and indicated that the appraisal did not include the septic tank and drain lines because they were damaged during the clean-up process and, therefore, were not covered under Aaron’s policy.3
Additional letters were exchanged between Aaron’s attorney and Carswell on August 2, 2002, and August 6, 2002, regarding the disagreement over coverage for damage to the septic tank and drain lines. In the letter of August 6, 2002, Carswell explained that the policy did not cover damage to the septic tank system because there was no direct contact between the vehicle and the system. On September 26, 2002, Carswell wrote a follow-up letter to Aaron’s attorney, indicating that he would like to settle the claim. On October 8, 2002, Aaron’s attorney responded to Carswell’s letter, contending that damage to the septic tank system should be covered by the policy, that it is Carswell’s duty to investigate the claim, and that “unless Georgia Farm . . . changes its position within . . . 10 days from the date of this letter and agrees to pay for the damage to the septic tank, I can assure you they will be afforded the opportunity to test their position in court.”
