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J. Smith Lanier & Co. v. Acceptance Indem. Ins. Co.

The trial court erred in limiting the plaintiff's recovery to $1.975 million based on a loan, which did not release the plaintiff from liability for an underlying judgment that formed the basis of its suit against the defendant.

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These appeals arose from the same lower court case involving insurance coverage issues and are consolidated in this opinion. In Case No. A04A2138, J. Smith Lanier & Company JSL appeals the grant of summary judgment against it, as a third-party plaintiff, and in favor of Acceptance Indemnity Insurance Company, as a third-party defendant. Because JSL has failed to demonstrate reversible error, we affirm. In Case No. A05A0939, Southeastern Forge, Inc. SEF challenges the grant of partial summary judgment against it in favor of JSL. For reasons that follow, we affirm in part and reverse 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.1 We review a trial court’s grant of summary judgment de novo, viewing the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.2

Viewed in this light, the record shows that JSL, an insurance broker, contracted with SEF, a manufacturer of agricultural blades for bush-hog cutting machines, to procure a policy of excess general liability insurance in the amount of $2 million. JSL prepared and sent SEF’s insurance application to an intermediate insurance broker, Leverett Insurance Group, who obtained a premium quotation of $2,000 a year from Acceptance. Acceptance then issued a policy effective October 26, 1998 to October 26, 1999.

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