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State Farm Fire & Co. v. Goodman12/24/2002
State Farm Mutual and Casualty Company appeals the trial court's order denying its motion for summary judgment. The appeal concerns interpretation of the terms and exclusionary provisions of a "manufactured home insurance" policy issued by State Farm.
Randy Goodman, as administrator of the estate of Gabrielle Goodman, and Randy Goodman and Patricia Goodman, individually, filed a wrongful death suit against defendant Sherry A. Goodman for the drowning death of their daughter, Gabrielle Goodman. Randy Goodman is Sherry Goodman's brother.
After Randy and Patricia Goodman filed suit, Sherry Goodman claimed coverage under her policy with State Farm. Thereafter, State Farm filed a declaratory judgment action seeking a determination of the scope of its obligations under the policy. State Farm then filed a motion for summary judgment asserting that, under the terms of its policy, Sherry Goodman is not covered for the liability and medical expense claims arising from Gabrielle Goodman's death.
After the trial court denied the motion, State Farm filed an application for interlocutory appeal, which was granted. On appeal, State Farm contends the trial court erred by denying its motion for summary judgment because either (a) Gabrielle Goodman was a resident relative of Sherry Goodman's household at the time of her death, or (b) Gabrielle's death was excluded from coverage under the policy because at the time of her death the insured premises were being rented to her family as their full time residence, and the policy contained a rental exclusion.
The policy defines "insured" as "you and, if residents of your household[,] your relatives," and excludes liability and medical coverage for bodily injury to an insured. The policy also excludes liability and medical coverage for "bodily injury or property damage arising out of . . . the rental or holding for rental of any part of any premises by an insured," but further provides that " his exclusion does not apply to the rental or holding for rental of a residence of your on an occasional basis for the exclusive use as a residence. Finally, the policy states that "[medical payments coverage] does not apply to bodily injury: . . . to a person other than a residence employee of an insured, regularly residing on any part of the insured location."
1. The standards applicable to motions for summary judgment are announced in Lau's Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991). When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp., 187 Ga. App. 594, 595-596 (370 SE2d 843) (1988). Further, any doubts on the existence of a genuine issue of material fact are resolved against the movant for summary judgment. Kelly v. Vargo, 261 Ga. 422, 423 (1) (405 SE2d 36) (1991). When this court reviews the grant or denial of a motion for summary judgment, it conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City, Inc., 229 Ga. App. 160, 163 (1) (493 SE2d 540) (1997). On motions for summary judgment, the court cannot resolve the facts or reconcile the issues. Fletcher v. Amax, Inc., 160 Ga. App. 692, 695 (288 SE2d 49) (1981).
2. Insurance polices are construed in favor of the insured and against the insurance company. Claussen v. Aetna Cas. &c; Co., 259 Ga. 333, 334-335 (1) (380 SE2d 686) (1989). "Insurance in Georgia is a matter of contract and the parties to the contract of insurance are bound by its plain and unambiguous terms [Cits.]," Hurst v. Grange Mut.
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