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Gloria Silva v. Liberty Mutual Fire Insurance Company

The trial court properly granted insurer's motion for summary judgment on insured's uninsured/underinsured motorist claim because insured failed as a matter of law to provide insurer with prompt notice of the underlying automobile collision and her personal injury suit against a third party as required for coverage under the terms of her insurance policy.

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Barnes, Presiding Judge.Gloria Silva appeals the trial court’s order granting summary judgment in favor of Liberty Mutual Fire Insurance Company (“Liberty Mutual”) on Silva’s uninsured / underinsured motorist (“UM”) claim, which arose in the context of Silva’s personal injury suit to recover for injuries sustained in an automobile collision. In granting summary judgment to Liberty Mutual, the trial court ruled that the uncontroverted evidence showed that Silva had failed to notify Liberty Mutual promptly of the collision or of her personal injury suit, which resulted in the forfeiture of her UM coverage as a matter of law. For the reasons discussed more fully below, we affirm.   Summary judgment is proper if the pleadings and evidence “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.” OCGA § 91156 (c). Following a trial court’s grant of summary judgment, we “conduct a de novo review, construing all reasonable inferences in the light most favorable to the nonmoving party.” Bank of North Ga. v. Windermere Dev., 316 Ga. App. 33, 34 (728 SE2d 714) (2012).So viewed, the record shows that Silva was the named insured of a Liberty Mutual personal automobile policy that provided UM coverage of $100,000 per person / $300,000 per accident for bodily injury and $50,000 per accident for property damage. As a condition applicable to UM coverage, the policy provided:PART E DUTIES AFTER AN ACCIDENT OR LOSS

We have no duty to provide coverage under this policy unless there has been full compliance with the following duties:

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