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AXA Global Risks v. Empire Fire & Marine Ins. Co.

Claims arising from a fatal collision involving a tractor were not excluded from coverage under a commercial auto liability policy's business exclusion because the driver of the tractor was off-duty at the time of the collision.

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AXA Global Risks appeals the judgment in favor of Empire Fire & Marine Ins. Co. in this insurance coverage declaratory judgment action, contending it provided only excess coverage for the loss. For the reasons which follow, we reverse.

The trial court denied the parties’ cross motions for summary judgment on the basis that material questions of fact remained as to two issues. Using a verdict form with two special interrogatories, the trial court submitted these questions to a jury, then applied its legal analysis to the undisputed and stipulated facts and entered judgment in favor of Empire. When a trial court’s decision is based upon the application of the law to stipulated or undisputed facts, we apply a de novo standard of review. Dept. of Revenue v. Sledge, 241 Ga. App. 833 528 SE2d 260 2000.

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