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Georgia Farm Bureau Mut. Ins. Co. v. Hyers

The UM insurer's motion for a directed verdict made after the trial court submitted the case to the jury was untimely.

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Georgia Farm Bureau Mutual Insurance Company appeals from the trial court’s order denying its motion for directed verdict. Because the trial court correctly held that the motion for directed verdict made after the jury was charged and had begun deliberations was untimely, we affirm. Debra and Jerry Hyers, plaintiffs below, sued Tywarn Lively and Tonya Taylor after an automobile accident. The Hyers served a copy of the complaint on their uninsured motorist carrier, Georgia Farm Bureau. Georgia Farm Bureau answered and filed a cross-claim against Lively and Taylor, but elected not to participate in the trial. After the jury was charged and had retired to the jury room to begin deliberations, Georgia Farm Bureau moved for a directed verdict, claiming that it was entitled to have all claims against it dismissed because plaintiffs had not introduced a copy of the insurance policy.

The trial court denied the motion, holding that “a directed verdict motion after I’ve charged the jury and the jury’s begun deliberations is too late.” We agree.

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