Serrmi Products, Inc. v. Insurance Co. of Pennsylvania
Decision Date | 13 September 1991 |
Docket Number | No. A91A1007,A91A1007 |
Citation | 411 S.E.2d 305,201 Ga.App. 414 |
Parties | SERRMI PRODUCTS, INC. v. INSURANCE COMPANY OF PENNSYLVANIA. |
Court | Georgia Court of Appeals |
Orr & Edwards, W. Fred Orr, II and James G. Edwards, II, Decatur, for appellant.
Goldner, Sommers & Scrudder, Stephen L. Goldner and C.G. Jester, Jr., Atlanta, for appellee.
Appellee-defendant issued a "claims made" liability insurance policy to appellant-plaintiff. Upon a certain claim being made against it, appellant notified appellee and sought coverage. However, appellee denied that it afforded appellant coverage for the claim. Appellant then initiated the instant declaratory judgment action, seeking a declaration that it was afforded coverage by appellee for the claim. Appellee answered and, after discovery, moved for summary judgment. The trial court granted summary judgment in favor of appellee and appellant appeals.
Gulf Ins. Co. v. Dolan, Fertig and Curtis, 433 So.2d 512, 514(2, 3) (Fla.1983).
The instant policy provided coverage for such claims as were made against appellant between March 1, 1987 and March 1, 1988. However, it is undisputed that the claim that is here at issue was not made against appellant and reported to appellee until after March 1, 1988.
The instant policy also provided for a general 60-day "automatic limited Extended Reporting Period" which commenced "with the end of the policy period." Under this provision, a claim which was first made during that 60-day period would be "deemed to have been made on the last day of the policy period...." However, it is undisputed that the claim that is here at issue was not made against appellant and reported to appellee within the 60-day period following March 1, 1988.
The instant policy also provided for a limited two-year "automatic limited Extended Reporting Period" which was applicable "only to claims as a result of an 'occurrence' covered by this policy which [had] been reported to [appellee] ... not later than 60 days after the end of this policy." (Emphasis omitted.) Although the claim that is here at issue had been made against appellant and reported to appellee within the two-year period following March 1, 1988, it is nevertheless undisputed that that claim was not itself based upon a covered "occurrence" which appellant had caused to be reported in writing to appellee within the 60-day period following March 1, 1988. The policy clearly required the insured to "see to it that [appellee was] notified promptly in writing of an 'occurrence' which may result in a claim." (Emphasis in original.)
It follows that, under the unambiguous terms of the policy, appellant is afforded no coverage for the claim that is here at issue. Woodmen of the World Life Ins. Society v. Etheridge, 223 Ga. 231, 235, 154 S.E.2d 369 (1967). " Dixon v. Midland Ins. Co., 168 Ga.App. 319, 322(3), 309 S.E.2d 147 (1983). ...
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