449 S.E.2d 157 | Ga. Ct. App. | 1994
Robert and Kathy Fowler appeal the trial court’s grant of summary judgment to Prudential Property & Casualty Insurance Company and its agent, Julian Harwell, in these two consolidated actions.
In March 1990, Prudential issued an automobile liability insurance policy to Robert Fowler with Kathy Fowler listed as an additional insured. In September 1990, the Fowlers received a premium statement bearing a due date of October 12, 1990 and the following statement: “Payment must be received by the due date. There is no grace period.” The policy itself also provided that the premium must be paid by the due date and that “[failure to pay by the date shown in any premium notice sent to you will result in termination.” Later in September, the Fowlers, who were experiencing financial difficul-l
In two enumerations of error, the Fowlers argue the trial court erred in granting summary judgment to Prudential because Harwell, as an exclusive agent of Prudential, orally bound the policy through November 12. Specifically, they contend that Harwell’s statement that they had a grace period through November 12 was an oral endorsement which bound the policy through that date. We disagree.
“ ‘(O)ral statements by an agent of an insurance company generally cannot bind the insurance company....’ [Cit.]” Clark v. Superior Ins. Co., 209 Ga. App. 290, 293 (3) (433 SE2d 394) (1993). Although the existence of a confidential or fiduciary relationship will give rise to an exception to the above rule, there is no fiduciary relationship between the insured and the insurer or the insurer’s agent. Hyde v. Acceleration Life Ins. Co., 211 Ga. App. 153, 155 (438 SE2d 385) (1993). Furthermore, “[t]he expression of an opinion as to coverage does not work an estoppel — even against the agent who voiced it, or against his principal.” (Citations and punctuation omitted.) Thomas v. Union Fidelity Life Ins. Co., 168 Ga. App. 267, 269 (3) (308 SE2d 309) (1983).
Moreover, in view of the specific terms of the policy and the lack 3f any evidence that Harwell had authority to orally bind the policy past the premium due date, we cannot say the Fowlers were justified n relying on Harwell’s alleged misrepresentation. See Hyde, supra at 155; see also Thompson v. Pate, 193 Ga. App. 418 (c) (388 SE2d 30) 1989). The Fowlers are chargeable with knowledge of the contents of ;heir policy. Parris v. Pledger Ins. Agency, 180 Ga. App. 437, 439 (2)
Because the Fowlers’ policy was not in effect at the time of the accident in question, they were not entitled to no-fault benefits under the policy and the trial court properly granted summary judgment to Prudential as their purported UM carrier in Case No. A94A1259.
Judgments affirmed.