Old Republic Union Ins. Co. v. Floyd Beasley & Sons Inc.

Dorothy Gwinett and Sharlae Denise Tucker sued Floyd Beasley and Sons, Inc. “Beasley” asserting that Beasley is liable for injuries arising out of an automobile collision caused by the company’s alleged negligence. At the time of the collision, Beasley was insured under a commercial general liability policy issued by Old Republic Union Insurance Company “Old Republic” and a business automobile liability insurance policy issued by National Casualty Company “National Casualty”. Old Republic and National Casualty filed declaratory judgment actions against Beasley, Gwinett, and Tucker, asking the trial court to declare that they have no duty to defend the actions and that no coverage exists under their respective policies. The trial court consolidated the two actions, and following a jury trial, the jury returned a special verdict finding that the claims arising from Beasley’s alleged negligence were not covered under either policy. However, the trial court subsequently granted Gwinett and Tucker’s motions for judgment notwithstanding the verdict and conditional new trial, finding coverage existed as matter of law under Old Republic’s policy. Old Republic appeals these rulings, and for reasons that follow, we affirm.1

1. A trial court should grant a motion for judgment notwithstanding the verdict ” ‘only if there is no conflict in the evidence as to any material issue and the evidence introduced, construed most favorably to the party opposing the motion, demands a particular verdict.’ “ 2