Marvin Ison, B & I Glass Company, Inc., and Julia Mae Williams appeal from the trial court’s grant of summary judgment to State Farm Fire & Casualty Company in this declaratory judgment action.
Ison, as president of B & I Glass Company, applied for an automobile liability insurance policy with State Farm. George Harrell, an employee of B & I Glass, did not qualify as an insured driver for coverage under a State Farm policy. In consideration for the premium paid, State Farm issued an insurance policy specifically excluding Harrell from coverage. Ison, aware that coverage was specifically excluded for Harrell, nevertheless allowed Harrell to drive a company vehicle on August 31, 1991. While operating this vehicle owned by B & I Glass on that date, Harrell struck and killed Emery Williams. Julia Mae Williams, the surviving widow, filed the underlying suit against Ison and B & I Glass from which this declaratory judgment action arises.
Ison argues that the trial court erred in granting State Farm’s motion for summary judgment because a genuine issue of material fact remains as to whether the named driver exclusion violates public policy under the facts and circumstances of this case. “An insurer may reject coverage for a person expressly excluded from its policy. Provided that the exclusion agreement is supported by consideration between the parties, the exclusion is enforceable.” (Citations omitted.)
Middlebrooks v. Atlanta Cas. Co.,
This Court has previously held that named driver exclusions which are clear, unambiguous and supported by consideration are enforceable and not violative of public policy and the compulsory insurance laws of this state.
Atlanta Cas. Co. v. Cash,
Appellants’ reliance on
Cotton States Mut. Ins. Co. v. Neese,
Judgment affirmed.
