The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Georgia Farm Bureau Mutual Insurance Companyv.Dena Laxton Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A0737
DecidedApril 2, 2018
Reporter287 Ga. 622
JudgesCourt of Appeals of Georgia
Tags
CivilInsurance LawContract InterpretationSummary JudgmentStatutory InterpretationReversalRemand
Case Summary

A mule-drawn carriage carrying Dena Claxton was struck by a motor vehicle after a Christmas parade. Georgia Farm Bureau sought declaratory relief concerning two insurance policies: a liability policy issued to the carriage operator and uninsured-motorist policies issued to Claxton. The trial court denied summary judgment on both coverage questions. The Georgia Court of Appeals held that the liability-policy exclusion for rides provided in connection with a fair, charitable function, or similar event was ambiguous as applied to the parade and the post-parade trip, leaving factual questions for a jury. The court therefore affirmed the denial of summary judgment on that policy. It reached the opposite result under Claxton’s uninsured-motorist policies, holding that the carriage was not a covered uninsured motor vehicle because it was designed to be pulled by an animal rather than a car, pickup, or van. The court reversed that portion of the order and affirmed in part and reversed in part.

Opinion

Loading published copy…

The Far Side