Jarrard v. Clarendon Nat'l Ins. Co.

The insurer failed to prove that the tractor-trailer involved in the accident with the plaintiff was used exclusively to transport wood or lumber.

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Under Georgia law, insurers of motor common carriers and motor contract carriers may be joined directly in an action for injuries caused by the insured. But, under certain circumstances when a vehicle is engaged exclusively in the transportation of certain agricultural or diary products, it is not considered a motor carrier and the insurer may not be sued directly. In this case we must determine whether the exception applies to a tractor-trailer carrying a load of plywood. In reviewing a grant or denial of summary judgment, this Court conducts a de novo review of the evidence and construes that evidence in the light most favorable to the nonmoving party. Goring v. Martinez, 224 Ga. App. 137, 138 2 479 SE2d 432 1996. So construed, the evidence shows that on February 12, 2001, James Jarrard was involved in an accident with a tractor-trailer driven by Steve Cook that was owned by his employer, Fairfield Trucking Company. Clarendon National Insurance Company provided liability insurance coverage to Fairfield Trucking at the time. Cook was hauling plywood between two Georgia Pacific facilities when the accident occurred.

On May 15, 2001, Jarrard sued several parties in Douglas County Superior Court including Cook and Fairfield Trucking. On January 29, 2003, Jarrard moved to add Clarendon as an additional party pursuant to OCGA § 46-7-12 c. Jarrard’s motion was granted on January 30. On March 7, Clarendon moved for summary judgment on the ground it was exempt from direct action as a hauler of agricultural products under OCGA § 46-1-1 9 C x. The trial court granted Clarendon’s motion on June 16, and Jarrard now appeals.

Jarrard v. Clarendon Nat'l Ins. Co.

The insurer failed to prove that the tractor-trailer involved in the accident with the plaintiff was used exclusively to transport wood or lumber.

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