Southeastern Security Ins. Co. v. Lowe

On July 2, 1998, Gregory J. Lowe filed suit against Kia D. Hunter in the Superior Court of Effingham County to recover damages for injuries sustained in an automobile accident on May 21, 1997. On July 6, 1998, personal service was unsuccessfully attempted on Ms. Hunter at the address listed in the accident report. On the same day, Lowe sent a courtesy copy of the complaint by certified mail to the agent for Ms. Hunter’s insurer, Southeastern Security Insurance Company “Southeastern”. On July 30, 1998, the superior court issued an order for service by publication based upon an affidavit of Lowe’s counsel, which stated that Ms. Hunter could not be found within the state. Notice was published in the county’s official legal organ for four consecutive weeks. Neither Ms. Hunter nor her insurer defended the action. On October 16, 1998, the superior court heard evidence of damages and entered judgment in favor of Lowe for $11,000.00.

On December 17, 1998, Lowe filed the instant declaratory judgment action against Southeastern seeking to hold it liable for the judgment entered against its insured. The parties filed cross-motions for summary judgment. The trial court granted Lowe’s motion and denied Southeastern’s motion. Southeastern appeals. Held: