Jennifer Morrill, individually and as executrix of her father’s estate, appeals the grant of summary judgment to Cotton States Mutual Insurance Company “Cotton States” on claims arising from the father’s property insurance policy. Specifically, Morrill contends that the trial court erred in enforcing a contractual time limit to her right to file suit on the insurance policy, because 1 the one-year time limit violates insurance regulations, 2 Cotton States waived enforcement of the policy’s time limit, and 3 even if the one-year limit is enforceable, it does not apply to the specific claims Morrill raised. Because the contractual time limit was enforceable, applicable, and not otherwise waived, we affirm. 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. Matjoulis v. Integon Gen. Ins. Corp .1 So viewed, the record shows that in February 2005, Morrill’s father died as a result of an apparently self-inflicted gunshot wound to the chest; on that same day his house was totally destroyed by a fire. In March 2005, Morrill telephoned Cotton States to inquire about her father’s homeowner’s insurance coverage, stating that she did not have a copy of any policy. Cotton States requested copies of the death certificate and Morrill’s executor papers. In April and May 2005, Morrill entered into the probate process, and in mid-May she telephoned Cotton States again, which told her that the insurance policy included coverage to pay off the mortgage on the house plus $100,000 in personal property coverage. In June 2005, Cotton States telephoned Morrill to request the letters testamentary, death certificate, and deed to the house in order to “request authority” to settle the claim. In July 2005, Cotton States paid off the mortgage but informed Morrill by telephone that the company had not yet determined whether the fire was intentional, which could preclude compensation for the estate’s personal property losses. In August 2005, Cotton States told Morrill by telephone that it had determined that the fire was arson and that it would deny payment for personal property losses. Also in August, Cotton States’s adjuster sent Morrill a copy of the insurance policy, with a cover letter confirming his view that the fire was arson based on a conversation with the “State’s Fire Marshall’s office.”
In August 2006, Reagan the ex-wife, who had been living at the burned house, sued the estate naming Morrill personally and as executor to recover Reagan’s lost personal property, alleging that the father deliberately set the fire. Morrill hired an attorney to represent herself and the estate, and in early September 2006, the attorney notified Cotton States of the suit and filed an answer. Later that month, Cotton States responded with a reservation of rights letter stating that it believed the personal property loss was not covered due to the alleged arson. The letter also informed Morrill that Cotton States had retained counsel to defend her as executrix and that Cotton States was considering filing a declaratory judgment action to determine its liability for personal property losses.
