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Allstate Ins. Co. v. Walker

Plaintiffs' delay in reporting the theft of their automobile for almost 12 months was unreasonable as a matter of law.

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Ricky and Tammy Walker sued Allstate Insurance Company, claiming that they were entitled to recover under their automobile insurance policy for the theft of their van, and were entitled to bad faith penalties and attorney fees for Allstate’s failure to pay their claim. Allstate answered and after discovery moved for summary judgment, arguing that the Walkers failed to give notice of the loss “as soon as possible” as required by the policy; that their loss was not covered under their policy; and that it was not liable for penalties because 60 days had not passed between the Walkers’ demand for payment and their filing of suit. The trial court denied Allstate’s motion for summary judgment and granted a certificate of immediate review. We granted Allstate’s application for interlocutory appeal, and reverse the denial of summary judgment to the insurance company because, as a matter of law, the Walkers failed to give notice of the loss “as soon as possible,” as required by their policy.

On appeal from the grant of summary judgment, this Court conducts a de novo review of the record, construing the evidence and all inferences therefrom in favor of the nonmoving party. Maddox v. Southern Engineering Co., 231 Ga. App. 802, 803 500 SE2d 591 1998.

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