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Video Warehouse Inc. v. Southern Trust Ins. Co.

The insured's business liability and umbrella policies expressly excluded liability for the underlying suit.

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In this insurance coverage action, Video Warehouse, Inc. appeals a summary judgment awarded to Southern Trust Insurance Company “Southern”, contending that a disputed issue of material fact existed as to whether two insurance policies excluded coverage for certain claims asserted against Video Warehouse. Finding no issue of disputed material facts, we agree with the trial court that the insurance contracts here plainly excluded the claims asserted against Video Warehouse. Accordingly, we affirm. Summary judgment is only 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. Matjoulis v. Integon Gen. Ins. Corp .1

The undisputed evidence shows that in July 2006, Video Warehouse was sued for personal injuries and wrongful death arising out of an auto accident involving one of its employees the “underlying action”. The complaint alleged that in December 2005, the Video Warehouse employee was driving his own vehicle to a Video Warehouse store to perform some improvements on the store. Claiming that the employee was acting within the scope of his employment in furtherance of his employer’s business, the complaint alleged that he crossed the center line and struck a logging truck head-on. The accident severely injured the truck driver, who died when his truck burst into flames.

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