343 Ga. App. 319
Ga. Ct. App.2017Background
- Blue Ridge Auto Auction sued Acceptance Indemnity for failing to defend/pay claims after a Blue Ridge employee, while driving a vehicle owned by insured Tommy Nobis Foundation, struck numerous auction attendees.
- The vehicle was donated to Tommy Nobis Foundation, which uses auction houses (like Blue Ridge) to sell donated cars as part of its charitable used-auto-dealer business.
- Acceptance Indemnity issued a garage policy naming Tommy Nobis Foundation as insured and listed its business as "used auto dealer"; the vehicle was a covered auto under the policy.
- Acceptance denied coverage, asserting an exclusion for permissive users working in a business of selling autos unless that business is the named insured’s "garage operations," and arguing Blue Ridge’s actions were not Tommy Nobis’s garage operations and were outside listed locations.
- The trial court granted Acceptance’s summary judgment; the court of appeals reversed, finding policy language ambiguous and construing it for coverage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Blue Ridge is an "insured" under the garage policy when using a covered auto with permission while conducting vehicle sales at auction | Blue Ridge: Tommy Nobis’s business is a used-auto dealer; sale by auction is necessary or incidental to its garage business, so Blue Ridge’s use falls within "garage operations" and is covered | Acceptance: Blue Ridge was not part of Tommy Nobis’s "garage operations," so the permissive-user exclusion applies and excludes coverage | Court: "Garage business" is ambiguous; ambiguities strictly construed against insurer — Blue Ridge is an insured; summary judgment for Acceptance reversed |
| Whether coverage is limited to operations at locations listed on the Supplementary Schedule | Blue Ridge: The policy’s definition of "garage operations" includes "all operations necessary or incidental to a garage business," so listing Marietta does not limit coverage to that site | Acceptance: Listing Marietta as the only location limits garage operations to that address, excluding auction activities elsewhere | Court: No explicit policy limitation to listed locations; exclusions construed narrowly against insurer — location listing does not defeat coverage |
Key Cases Cited
- Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (summary judgment standard and view of evidence)
- Auto-Owners Ins. Co. v. Neisler, 334 Ga. App. 284 (rules for construing ambiguous insurance provisions and exclusions)
- Ga. Farm Bureau Mut. Ins. Co. v. Meyers, 249 Ga. App. 322 (policy construed according to reasonable expectations of insured)
- Thomas v. Intl. Indem. Co., 232 Ga. App. 574 (distinguished; involved similar language but different policy limitations)
