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Dunn-Craft v. State Farm Mut. Ins. Co.

The plaintiff was not entitled to stack the UM coverage provided in her boyfriend's four insurance policies.

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Judy Dunn-Craft appeals the trial court’s grant of summary judgment to State Farm Mutual Automobile Insurance Company “State Farm”, assigning error to the trial court’s conclusion that, as a matter of law, she was not eligible to “stack” or combine uninsured motorist “UM” coverage provided in four State Farm policies owned by another individual. Dunn-Craft also assigns error to the trial court’s conclusion that she is not entitled to UM coverage under her employer’s insurance policies with American Home Assurance Company “American Home” and National Union Fire Insurance Company “National Union”. We affirm. Summary judgment is appropriate if the pleadings and evidence show no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law.1 On appeal from the grant or denial of summary judgment, an appellate court conducts a de novo review, construing all reasonable inferences in the light most favorable to the nonmoving party.2

So viewed, the record shows that on March 7, 2007, Dunn-Craft, an employee of the Atlanta Journal-Constitution , was driving behind a new employee on his newspaper delivery route when she noticed movement in bushes on her right, on the opposite side of the road. Concerned that a person or animal had been injured, Dunn-Craft turned around and proceeded back to the area where she stopped her car in the oncoming traffic lane with her lights on. She exited the car and noticed an injured deer on the side of the road. After investigating the incident and calling for help, Dunn-Craft was struck by a car driven by Oliver Dwayne Hutchins and suffered severe injuries.

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