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Jennifer M. Bramleyv.Nationwide Affinity Insurance Company Of America

CourtCourt of Appeals of Georgia
Docket No.A18A0009
DecidedMay 7, 2018
Reporter315 Ga. App. 133
JudgesCourt of Appeals of Georgia
Tags
CivilInsurance LawInsurance CoverageContract InterpretationSummary JudgmentStatutory InterpretationReversalRemandDissent
Case Summary

Jennifer Bramley was injured in an automobile accident but did not notify her uninsured-motorist carrier until eight months later, after learning more about the extent of her injuries. Nationwide relied on a policy requiring written notice immediately after the loss and obtained summary judgment. The Georgia Court of Appeals held that the policy made compliance, or a legally sufficient justification for noncompliance, a condition precedent to coverage. Bramley’s eight-month delay was not immediate as a matter of law, but her explanation that the severity of her injuries became clear only over time created a jury question about whether the delay was reasonable. The court therefore reversed summary judgment and remanded for further proceedings. It also declined to consider an ambiguity argument raised for the first time on appeal and upheld the trial court’s treatment of the notice provision as a coverage condition. A dissent would have held that the delay was unreasonable as a matter of law and would have affirmed.

Opinion

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