Bates v. Guaranty Nat. Ins. Co., A96A1016
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | RUFFIN; McMURRAY, P.J., and JOHNSON |
| Citation | 223 Ga.App. 11,476 S.E.2d 797 |
| Parties | BATES v. GUARANTY NATIONAL INSURANCE COMPANY. |
| Docket Number | No. A96A1016,A96A1016 |
| Decision Date | 27 September 1996 |
Page 797
v.
GUARANTY NATIONAL INSURANCE COMPANY.
[223 Ga.App. 16] Monte K. Davis, Atlanta, for appellant.
Webb, Carlock, Copeland, Semler & Stair, Leslie B. Zacks, Dennis G. Lovell, Jr., J. Arthur Lee, Jr., Atlanta, for appellee.
[223 Ga.App. 11] RUFFIN, Judge.
Guaranty National Insurance Company ("Guaranty National") filed a declaratory
Page 798
judgment action against Michael Bates, and Bates appeals from the trial court's grant of summary judgment to Guaranty National. For reasons which follow, we affirm.Summary judgment is appropriate when the court, viewing all the evidence and drawing all reasonable inferences in a light most favorable to the non-movant, concludes that the evidence does not create a triable issue as to each essential element of the case. Lau's Corp. v. Haskins, 261 Ga. 491, 405 S.E.2d 474 (1991). "A defendant who will not bear the burden of proof at trial need not affirmatively [223 Ga.App. 12] disprove the nonmoving party's case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party's case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. [Cit.]" Id.
Viewed in that light, the record shows the following: Leon Baker entered a store owned by Foodmart Stores ("FMS") where Bates was an employee. Bates became hostile when Baker attempted to purchase items with a $50 bill, and Bates shoved Baker with both hands, pointed a handgun at Baker, and told Baker to leave the store. Baker filed a complaint against FMS and Bates, alleging negligence, assault, aggravated assault, simple battery, battery and intentional infliction of emotional distress.
When the incident occurred, FMS was insured by Guaranty National. Guaranty National filed a complaint for declaratory judgment against Bates and FMS to determine whether coverage was available under the applicable insurance policy. Subsequently, Guaranty National moved for summary judgment, asserting its insurance policy did not provide coverage for the claims alleged by Baker in the underlying tort action. The trial court granted Guaranty National's motion for summary judgment.
Guaranty National's policy contains the following language under the heading "Bodily Injury And Property Damage Liability": "We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies.... This insurance applies to bodily injury and property damage only if: (1) The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory...." "Bodily injury" is defined as "bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time." "Occurrence" is defined as "an accident, including continuous or repeated exposure to substantially the same general harmful conditions." The policy excludes "[b]odily injury or property damage expected or intended from the standpoint of the insured[,]" but states that the exclusion "does not apply to bodily injury resulting from the use of reasonable force to protect persons or property."
In addition, the policy applies to "[p]ersonal injury caused by an offense arising out of [FMS's] business...." "Personal injury" is defined as "injury, other than bodily injury, arising out of one or more of the following offenses: false arrest, detention or imprisonment; malicious prosecution; wrongful eviction or invasion of privacy; slander or libel; and oral or written invasion of privacy."
Bates contends the trial court erred in granting Guaranty [223 Ga.App. 13] National summary judgment because questions of material fact exist regarding (1) whether Bates acted with "reasonable force" in defending himself and store property and (2) whether Bates acted with the "intent to injure" Baker. Guaranty National contends (1) the alleged assault and battery was an intentional act and, therefore, excluded from coverage and (2) Baker's injuries are not "bodily injuries" covered by the policy.
1. We agree with Guaranty National that the injuries alleged by Baker in Counts 1 through 4 and 8 of his underlying tort action are not "bodily injuries" covered by the policy. In Brayman v. Allstate Ins. Co., 212 Ga.App. 96(1), 441 S.E.2d 285 (1994), we
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construed a similar definition of "bodily injury" and denied...To continue reading
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...v. Arrington & Hollowell, P.C., 258 Ga.App. 51, 53-54(1), 572 S.E.2d 664 (2002). Nevertheless, quoting Bates v. Guaranty Nat. Ins. Co., 223 Ga.App. 11, 14(2), 476 S.E.2d 797 (1996), St. Paul argues that the hearing transcript is not necessary because "the allegations of the complaint [broug......
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CNL Ins. America v. Moreland, A96A1961
...party' "). Factual assertions in briefs are not evidence and may not support a ruling by this Court. See Bates v. Guaranty Nat. Ins. Co., 223 Ga.App. 11, 15, 476 S.E.2d 797 (1996) (" '[t]he appellate courts simply cannot, and are not authorized by law, to infer from statements of counsel in......
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Anderson v. Southern Guar. Ins. Co., A98A1543.
...for intentional [235 Ga. App. 308] infliction of emotional distress is not covered by the policy. Bates v. Guaranty Nat. Ins. Co., 223 Ga.App. 11, 12-13, 476 S.E.2d 797 The provisions of the policy also clearly provide that Southern Guaranty had a duty to provide coverage and a defense agai......
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Enchanted Valley RV Resort, Ltd. v. Weese, A99A1507.
...the record in search of error on behalf of one of the parties." (Citations and punctuation omitted.) Bates v. Guaranty Nat. Ins. Co., 223 Ga.App. 11, 15(2), 476 S.E.2d 797 (1996). In this case, defendants "failed to sustain [their] evidentiary burden of showing harm by providing specific ci......
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St. Paul Reinsurance Co., Ltd. v. Ross, No. A03A2304.
...v. Arrington & Hollowell, P.C., 258 Ga.App. 51, 53-54(1), 572 S.E.2d 664 (2002). Nevertheless, quoting Bates v. Guaranty Nat. Ins. Co., 223 Ga.App. 11, 14(2), 476 S.E.2d 797 (1996), St. Paul argues that the hearing transcript is not necessary because "the allegations of the complaint [broug......
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CNL Ins. America v. Moreland, A96A1961
...party' "). Factual assertions in briefs are not evidence and may not support a ruling by this Court. See Bates v. Guaranty Nat. Ins. Co., 223 Ga.App. 11, 15, 476 S.E.2d 797 (1996) (" '[t]he appellate courts simply cannot, and are not authorized by law, to infer from statements of counsel in......
-
Anderson v. Southern Guar. Ins. Co., A98A1543.
...for intentional [235 Ga. App. 308] infliction of emotional distress is not covered by the policy. Bates v. Guaranty Nat. Ins. Co., 223 Ga.App. 11, 12-13, 476 S.E.2d 797 The provisions of the policy also clearly provide that Southern Guaranty had a duty to provide coverage and a defense agai......
-
Enchanted Valley RV Resort, Ltd. v. Weese, A99A1507.
...the record in search of error on behalf of one of the parties." (Citations and punctuation omitted.) Bates v. Guaranty Nat. Ins. Co., 223 Ga.App. 11, 15(2), 476 S.E.2d 797 (1996). In this case, defendants "failed to sustain [their] evidentiary burden of showing harm by providing specific ci......