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Jordan v. Spirit Rent-a-Car d/b/a/ Cartemps USA

Under O.C.G.A. § 33-34-4, a rental company was liable for excess coverage on its rental car, even though an unauthorized driver was operating the car when it was involved in an accident.

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Kevin W. Jordan appeals the trial court’s order granting summary judgment in favor of Spirit Rent-a-Car d/b/a CarTemps, USA in this insurance coverage declaratory judgment action. For the reasons which follow, we reverse.

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. OCGA § 9-11-56 c. A defendant may meet its burden on a motion for summary judgment by showing the court that the documents, affidavits, depositions, and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. Our review is de novo and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. White v. BDO Seidman, LLP, 249 Ga. App. 668, 669 __SE2d__ 2001.

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