Globe American Casualty Company v. Motley., 180 Ga. App. 306, 348 S.E.2d 899 (1986)

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Judgment affirmed. McMurray, P. J., and Carley, J., concur.

Summary

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Judgment affirmed. McMurray, P. J., and Carley, J., concur.

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Dennis D. Watson, for appellee.James S. Kilpatrick, for appellant.

We granted this interlocutory appeal to consider whether the trial court properly denied summary judgment to appellant Globe American Casualty Company (Globe). Appellee Howard Ray Motley filed this action against Globe seeking uninsured motorist benefits as a result of an automobile accident occurring on February 9, 1985. Globe answered and moved for summary judgment on the basis that the policy was not in effect at the time of the accident. Globe adduced the affidavit of Lois LaCause, manager of operations for Globe. In her affidavit she stated that Motley's policy had been cancelled effective January 23, 1985 for nonpayment of premium. She further averred that the cancellation notice had been sent to Motley on January 11, 1985, as was shown by a postal receipt. Motley filed his own affidavit in opposition to the motion and stated that he had never received the notice of cancellation. The trial court denied the motion. Held:

826 (341 SE2d 472) (1986).

This situation is similar to that in Lumbermen's Invest. Corp. v. American &c. Ins. Co., 158 Ga. App. 705 (282 SE2d 178) (1981). There, this court reversed summary judgment for the insurer. The receipt showed mailing of two letters but did not specify which of three names on a computer list of cancellations were the addresses of the letters sent. The court concluded that an issue of fact remained. There, as in the instant case, the non-moving party denied receiving any cancellation notice. On such a record, the issue of mailing of the cancellation notice remains one for a factfinder. The trial court properly denied the motion for summary judgment.

1986

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