J. Robb Cruser and Craig Terrett convinced the Georgia Court of Appeals to reverse a lower court’s denial of their motion for summary judgment on a coverage issue. The Court of Appeals held that the underinsured motorist policy issued to the plaintiff’s father did not provide coverage for plaintiff’s catastrophic injuries sustained in a motorcycle accident. The decision resulted in a savings to the client of its $100,000 insurance policy.
The Georgia Court of Appeals affirmed the jury’s verdict in favor of an insurance carrier for its denial of coverage for the plaintiffs’ alleged injuries that were sustained in a motor vehicle accident. In the underlying suit, the insured failed to cooperate with her defense counsel in the investigation of the accident and in defending the plaintiffs’ claims. As a result, the insurance carrier chose to deny coverage and asked defense counsel to withdraw. The plaintiffs proceeded to trial and obtained a verdict in their favor. The plaintiffs then filed a direct action against the insurance carrier. The case proceeded to trial and, after a 4-day trial, the jury rendered a verdict in favor of the insurance carrier. The Court of Appeals held that there was sufficient evidence to support the jury’s determination that the insurance carrier was entitled to withdraw coverage.