Simpson v. Infinity Select Ins. Co.
Decision Date | 03 September 2004 |
Docket Number | No. A04A1079.,A04A1079. |
Citation | 605 S.E.2d 39,269 Ga. App. 679 |
Parties | SIMPSON v. INFINITY SELECT INSURANCE COMPANY. |
Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Charles A. Gower, O. Wayne Ellerbee, William A. Turner, Jr., Teresa T. Abell, Valdosta, for appellant.
Young Thagard, Hoffman, Smith & Lawrence, John H. Smith, Jr., Valdosta, for appellee.
Gregory Wade Simpson sued his stepfather's insurance carrier, Infinity Select Insurance Company, for bad faith in failing to defend him against a suit involving a car accident, as well as bad faith failure to settle within the $15,000 policy limits. Infinity denied liability, contending that Simpson was not insured under the policy. The trial court granted summary judgment to Infinity and denied partial summary judgment to Simpson. Simpson appeals, arguing that the contract was ambiguous and should be construed in his favor. For the reasons that follow, we affirm the trial court.
Simpson was 17 when he had the accident while driving his girlfriend's mother's car. His 16-year-old girlfriend, who was a passenger, suffered major head trauma resulting in severe, permanent cognitive and physical dysfunction. The girlfriend's parents' insurance company paid the parents $97,500, and the parents sued Simpson for further damages. He did not answer the suit against him, which resulted in a default judgment on liability. After a bench trial on damages, the trial court awarded more than $10 million in compensatory and special damages. The judge also awarded $3 million in punitive damages after finding that Simpson was driving under the influence of alcohol when he wrecked the car, and had a prior DUI conviction for which he had been arrested ten days before this wreck. Simpson testified on deposition in this case that he and his girlfriend, as well as another passenger, had been drinking the night of the wreck, which occurred because he lost control of the car on a curve and hit a pole.
Simpson sued Infinity for breach of contract, bad faith refusal to settle, and punitive damages. Infinity answered, denying liability, and moved for summary judgment, contending that Simpson was not covered under the contract terms. Simpson moved for partial summary judgment as to liability, arguing that because the contract was ambiguous and should be construed to provide coverage, Infinity was liable for breach of contract and bad faith failure to settle.
Simpson asserts that the trial court erred in granting summary judgment to Infinity. He argues that the insurance policy is ambiguous and confusing, and that it should be construed against the insurance policy and in his favor, making him an insured person under his stepfather's policy. Infinity thus should have paid its policy limits or defended him against the underlying lawsuit. Infinity responds that Simpson was not insured under the unambiguous terms of the policy. He was not named in the application or any of the subsequent renewals, and the company asserts that Simpson is not covered as an insured under the policy terms.
On appeal, we review the trial court's grant of summary judgment de novo to determine whether the evidence, viewed in [the] light most favorable to the nonmoving party, demonstrates [a] genuine issue of material fact. Summary judgment is proper only when ... no ... issue of material fact [exists] and the moving party is entitled to judgment as a matter of law.
(Footnotes omitted.) Preferred Real Estate Equities v. Housing Systems, 248 Ga.App. 745, 548 S.E.2d 646 (2001). Further, when ruling on a motion for summary judgment, a court must give the opposing party the benefit of all reasonable doubt, and the evidence and all inferences and conclusions therefrom must be construed most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp., 187 Ga.App. 594, 595-596, 370 S.E.2d 843 (1988). On motions for summary judgment, however, courts cannot resolve the facts or reconcile the issues. Fletcher v. Amax, Inc., 160 Ga.App. 692, 695, 288 S.E.2d 49 (1981). When reviewing the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City, 229 Ga.App. 160, 163(1), 493 S.E.2d 540 (1997).
(Citation omitted.) Schwartz v. Harris Waste Mgmt. Group, 237 Ga.App. 656, 660(2), 516 S.E.2d 371 (199...
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