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Ga. Farm Bureau Mutual Insur. Co. v. Claxton et al.

The Court of Appeals partially affirmed and partially reversed the denial of insurer's motions for summary judgment in a declaratory judgment action arising after a motor vehicle hit a mule-drawn carriage in which insureds were riding.

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Bethel, Judge.   Georgia Farm Bureau Mutual Insurance Company (“Georgia Farm Bureau”) brings this interlocutory appeal from the trial court’s denial of its motions for summary judgment in a declaratory judgment action it filed against Dena Claxton and Carl Lowery. Claxton and Lowery, both of whom hold insurance policies issued by Georgia Farm Bureau, were involved in a motor vehicle accident and sought coverage under their respective policies. Georgia Farm Bureau sought declaratory relief, claiming that there is no coverage available to Lowery and Claxton under their respective policies given the circumstances of the accident. Georgia Farm Bureau moved for summary judgment as to its coverage obligations on both claims, which the trial court denied. For the reasons set forth below, we affirm in part and reverse in part.Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law[.] Summary judgments enjoy no presumption of correctness on appeal, and an appellate court must satisfy itself de novo that the requirements of OCGA § 9–11–56 (c) have been met. In our de novo review of the grant of a motion for summary judgment, we must view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant.

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