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Auto Owners Insurance Companyv.Adrienne Danielle Smith Et Al.

CourtCourt of Appeals of Georgia
Docket No.A16A2036
DecidedMarch 8, 2017
Reporter299 Ga. App. 280
JudgesCourt of Appeals of Georgia
Tags
CivilInsurance LawContract InterpretationSummary JudgmentDeclaratory JudgmentReversalDirect Appeal
Case Summary

Auto-Owners Insurance Company sought a declaration about coverage under a general-liability policy after an insured vehicle was involved in an accident. The insurer moved for summary judgment against several defendants, arguing that they were not insureds and that the policy did not provide the claimed protection. The trial court denied the motion. The Court of Appeals affirmed in part and reversed in part. It held that the record required judgment for Auto-Owners as to defendants who were not insured under the policy, while a genuine factual dispute remained as to the insured entity and its sole owner. The court applied the policy’s text and the summary-judgment standard, viewing disputed evidence in the nonmovants’ favor and refusing to resolve factual questions about the circumstances of the accident on the pleadings. The final disposition was affirmed in part and reversed in part. One judge concurred, and another concurred in the judgment only.

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Auto Owners Insurance Company V. Adrienne Danielle Smith Et Al. — The Atlanta Gleaner