Appellee-defendant Liberty Mutual Fire Insurance Company brought the instant petition for declaratory judgment, as amended, seeking the direction of the Superior Court of Fulton County as to its obligation to pay appellant-plaintiff Michael M. Calabro’s insurance claim for loss of a diamond engagement ring he had given his former wife, Christine Ramirez Calabro, valued at $30,000.00. Calabro answered and counterclaimed for insurance benefits, bad faith damages, and attorney’s fees under OCGA § 33-4-6. The record shows that Calabro had been awarded the ring upon the final judgment and decree of divorce of the Fulton County Superior Court by which he and Ms. Calabro were earlier divorced. Ms. Calabro, having sold the ring to her father to pay attorney fees approximately six months before the entry of the final judgment and decree of divorce, thereafter failed to comply with the superior court’s contempt order to deliver the ring to Calabro. Calabro then filed a property loss claim for the loss of the ring under his Liberty Mutual homeowner’s insurance policy. The parties thereafter filed cross-motions for summary judgment. Liberty Mutual argues entitlement to summary judgment in that there was no evidence of direct loss, the loss of the ring as fortuitous, and Ms. Calabro’s failure to return the ring amounting to no more than breach of contract.1 Calabro sought summary judgment as he had in filing his insurance claim, arguing the ring as a covered loss in that Ms. Calabro committed conversion by theft under OCGA § 16-8-42 in selling it to her father to cover her attorney fees in the divorce action.3 Calabro appeals from the superior court’s denial of summary judgment for him and its grant of summary judgment for Liberty Mutual upon the finding that the ring’s loss was not accidental. We agree and affirm.
Upon the appeal of a motion for summary judgment, we review the grant of summary judgment de novo to determine whether any genuine issue of material fact exists for jury determination. Moore v. Food Assoc., 210 Ga. App. 780, 781 437 SE2d 832 1993. Summary judgment is proper where the moving party is able to show that no genuine issue of material fact exists and that the movant is entitled to summary judgment as a matter of law. OCGA § 9-11-56 c. A defendant meets this burden by
