Stephens v. Conyers Apostolic Church

Plaintiff could not recover under church's automobile insurance policy for injuries caused by church's agent who was driving a new church van, since the church did not timely notify the insurer to extend coverage to the van.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Plaintiff-appellant Lisa Stephens brought this tort action against Carol Hudson and Hudson’s employer, defendant-appellee Conyers Apostolic Church, d/b/a Conyers Apostolic Christian Academy, seeking to recover for personal injuries Stephens sustained when a van driven by Hudson collided with Stephens’ vehicle. After a bench trial, the State Court of Rockdale County granted Hudson’s motion for involuntary nonsuit and dismissed the case against her with prejudice while finding for Stephens in the amount of $425,000.00. In its original judgment entered May 8, 1996, the trial court concluded that the Church was entitled to charitable immunity, except to the extent the Church had waived its immunity due to the existence of automobile liability insurance coverage. But the trial court expressly declined to determine the extent of available liability insurance coverage, if any. In a previous appeal, this Court remanded the case for the trial court “to have an evidentiary hearing and make a determination regarding the existence and amount of liability insurance which applies.”1

The 1994 van involved was the described vehicle in the Hudsons’ own personal State Farm policy, with coverage limited to $50,000.00 per person. The Church contended this personal policy was the only applicable insurance waiving its charitable immunity, whereas plaintiff contended the vehicle involved should have been covered by the Church’s separate State Farm policy, with coverage limits of $500,000.00. From the judgment ruling that the Hudson policy with the lower limits of coverage applies, plaintiff appeals. In three enumerations, she complains the trial court erred in holding: a that Carol Hudson failed to properly notify State Farm to add the vehicle to the Church’s policy; b that Reverend Jesse Hudson, the pastor of the defendant Church and Carol Hudson’s husband, was authorized to instruct the State Farm agent to insure the vehicle under the Hudsons’ personal policy; and c that the Church’s policy did not cover the vehicle involved.

Stephens v. Conyers Apostolic Church

Plaintiff could not recover under church's automobile insurance policy for injuries caused by church's agent who was driving a new church van, since the church did not timely notify the insurer to extend coverage to the van.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report