Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

Insurer was liable up to the $100,000 combined coverage limit of insured's four uninsured motorist insurance policies for losses he sustained in an automobile accident that were not covered by his workers' compensation award or his settlement with the other driver's insurer.

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Bethel, Judge.Georgia Farm Bureau Mutual Insurance Company (“Georgia Farm Bureau”) appeals from the trial court’s denial of its motion for summary judgment and the court’s grant of partial summary judgment in favor of Jerry Rockefeller. Georgia Farm Bureau argues that the trial court misapplied OCGA § 33-7-11 (i) with regard to the limitation of liability provision in the uninsured motorist (“UM”) insurance policies that Rockefeller holds with Georgia Farm Bureau. However, because we agree with the trial court’s interpretation of the statute and its application to the facts of this case, we affirm.

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). We review a trial court’s decision on a motion for summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Ass’n of Savannah, Inc. v. Chatham Cty., 276 Ga. 243, 245 (1) (577 SE2d 564) (2003).The material facts of this case are undisputed. Rockefeller was involved in a two-car auto accident from which he sustained injuries. He filed suit against the driver of the other vehicle. Georgia Farm Bureau, the insurer who provided UM insurance coverage to Rockefeller, was not named in the suit but was served with a copy of Rockefeller’s complaint pursuant to OCGA § 33-7-11 (d) after Rockefeller determined that the other driver was likely underinsured.^{^[1]}

Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

Insurer was liable up to the $100,000 combined coverage limit of insured's four uninsured motorist insurance policies for losses he sustained in an automobile accident that were not covered by his workers' compensation award or his settlement with the other driver's insurer.

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