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Shinglerv.Ga. Farm Bureau Mut. Ins. Co.

CourtCourt of Appeals of Georgia
Docket No.A23A0672
DecidedAugust 30, 2023
Reporter369 Ga. App. 95; 892 S.E.2d 395; 2023 Ga. App. LEXIS 411
JudgesDOYLE, Presiding Judge. Gobeil, J., and Senior Judge C. Andrew Fuller concur.
Tags
CivilInsurance LawProperty InsuranceSuit Limitation ClauseWaiverBad FaithHurricane Michael
Case Summary

After Hurricane Michael damaged Ronald Shingler's farm, Georgia Farm Bureau paid some claims but denied others, and Shingler later sued for breach of contract and bad faith. The insurer argued that the suit was barred by the policy's one-year limitation period for non-fire losses. The Court of Appeals of Georgia affirmed summary judgment for the insurer. It held that the one-year suit limitation was enforceable, that the policy language was not ambiguous in the way Shingler claimed, and that the insurer's partial payments and ongoing communications did not amount to a waiver. The reasoning stressed that the insurer repeatedly denied portions of the claim, expressly reserved all defenses, and even reminded Shingler of the limitation provision, so there was no evidence that he had been lulled into delaying suit.

Opinion

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