GEICO Ins. Co. v. Wright

The uninsured motorist provisions of a Florida policy issued to the appellee's in-laws, who reside in the Florida Keys, did not cover the appellee's injuries in a Georgia accident while test-driving a motorcycle for his employer, because the appellee did not reside in his in-laws' household.

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Douglas Wright and his wife sued a car driver to recover for Wright’s injuries suffered in a motor-vehicle collision in Georgia. Wright served GEICO General Insurance Company “GEICO” with the lawsuit in an attempt to recover under the uninsured-motorist provisions of GEICO’s insurance contract the “Policy” with Wright’s parents-in-law, who lived in Florida. GEICO moved for summary judgment, arguing that Wright was not covered by the Policy, which motion the trial court denied. With leave of this Court, GEICO appeals. We reverse, holding that Wright, who lived with his wife in a residence in Georgia, was not a member of the parents-in-law’s household in Florida and therefore was not covered by the Policy. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a denial of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1

So viewed, the evidence shows that on June 10, 2006, Wright a motorcycle mechanic living and working in Augusta, Georgia was test-driving a motorcycle on behalf of his employer when a car failed to yield the right of way and collided with the motorcycle. Wright sued the car driver in Georgia to recover for his injuries, with his wife joined as a plaintiff to recover for loss of consortium. Wright served GEICO with a copy of the complaint in an attempt to recover under the uninsured-motorist provisions of the Policy issued to his wife’s parents.

GEICO Ins. Co. v. Wright

The uninsured motorist provisions of a Florida policy issued to the appellee's in-laws, who reside in the Florida Keys, did not cover the appellee's injuries in a Georgia accident while test-driving a motorcycle for his employer, because the appellee did not reside in his in-laws' household.

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