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Georgia Farm Bureau Mutual Insur. Co. v. Meriwether

Court of Appeals of Georgia
Nov 30, 1983
312 S.E.2d 823 (Ga. Ct. App. 1983)

Summary

holding that an insured's intentional conduct in blocking a road under the erroneous belief that the road was on his private property did not constitute an accident

Summary of this case from Capital City Ins. Co. v. Forks Timber Co.

Opinion

66857.

DECIDED NOVEMBER 30, 1983. REHEARING DENIED DECEMBER 20, 1983.

Action on policy. Morgan Superior Court. Before Judge Thompson.

David E. Barrett, for appellant.

B. W. Crecelius, James E. Carter, James A. Nolan, for appellee.


In a suit brought against Meriwether, the plaintiffs alleged that he had injured them by closing a public road. Appellee answered that he had not blocked a public road but merely closed a gate across a private farm road entirely on his property. He demanded that appellant, his insurer, provide him a defense in the action. Appellant then filed an action seeking a judgment declaring that it had no duty to defend appellee. After considering cross motions for summary judgment, the trial court denied appellant's motion and granted appellee a partial summary judgment on the issue of appellant's duty to provide a defense. This appeal is from that judgment.

The policy here involved contains the following language regarding coverage for personal liability: "Coverage G — Personal Liability. The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damages even if any of the allegations of the suit are groundless, false or fraudulent." An "occurrence" is defined elsewhere in the policy as ". . . an accident . . . which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured." (Emphasis supplied.)

There appears to be substantial dispute as to whether appellee blocked a public road or a private farm road. Accordingly, a question would exist in that lawsuit against appellee as to whether appellee has any liability to the plaintiffs in that action. However, there is no dispute in the present action concerning the fact that appellee intentionally blocked the disputed way. That being so, appellee's act cannot be said to be accidental and is, therefore, not an "occurrence" within the definition of that word in the policy. Continental Cas. Co. v. Parker, 161 Ga. App. 614 (1) ( 288 S.E.2d 776); Thrift-Mart v. Commercial Union Assurance Cos., 154 Ga. App. 344 ( 268 S.E.2d 397); Ga. Farm Bureau c. Ins. Co. v. Ray, 148 Ga. App. 85 ( 251 S.E.2d 34). It necessarily follows from the conclusion that appellee's conduct does not come within the definition of an "occurrence" that appellee's conduct is not within the coverage of the policy issued by appellant.

Since appellee's conduct is not covered by the policy, appellant was not bound to provide appellee a defense. The trial court erred in granting summary judgment to appellee and in denying it to appellant.

Judgment reversed. McMurray, P. J., and Birdsong, J., concur.

DECIDED NOVEMBER 30, 1983 — REHEARING DENIED DECEMBER 20, 1983 — CERT. APPLIED FOR.


Summaries of

Georgia Farm Bureau Mutual Insur. Co. v. Meriwether

Court of Appeals of Georgia
Nov 30, 1983
312 S.E.2d 823 (Ga. Ct. App. 1983)

holding that an insured's intentional conduct in blocking a road under the erroneous belief that the road was on his private property did not constitute an accident

Summary of this case from Capital City Ins. Co. v. Forks Timber Co.

holding that a policy covered only injury resulting from accidental acts where it provided that the insurer "will pay . . . all sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage . . . caused by an occurrence" and where an occurrence was defined as "an accident . . . which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured"

Summary of this case from Owners Insurance Company v. James

holding that injury caused by the intentional blocking of a roadway was not the result of an accident and thus was not covered by the insurance policy at issue, notwithstanding the fact that the party blocking the road may have believed it was a private road rather than a public one

Summary of this case from Owners Insurance Company v. James

finding policy only covered injury from accidental acts where policy provided coverage for "property damage . . . caused by an occurrence" and "occurrence" was defined as "an accident . . . which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured".

Summary of this case from Clean Air America, Inc. v. Hartford Casualty Insurance

In Meriwether, a property owner was sued after he placed a gate across a road that he believed to be on his property but may have been on public property.

Summary of this case from G.M. Sign, Inc. v. St. Paul Fire & Marine Ins. Co.

In Georgia Farm Bureau Mutual Insurance v. Meriwether 169 Ga. App. 363, 312 S.E.2d 823 (Ga.App. 1983), the Court of Appeals took a position that, at least on the surface, appears to be in conflict with the decision in Glens Falls.

Summary of this case from Mindis Metals, Inc. v. Trans. Ins. Co.

In Meriwether, there was no evidence that the property owner who blocked a public road by putting up a date intended to harm, in a legal sense, those who used that road.

Summary of this case from Mindis Metals, Inc. v. Trans. Ins. Co.

In Georgia Farm Bureau Mutual Insurance Co. v. Meriwether, 169 Ga. App. 363 (1983), the insured sought coverage under an insurance policy.

Summary of this case from Philadelphia Indem. Ins. Co. v. AGCO Corp.

In Georgia Farm Bureau Mutual Insurance v. Meriwether, 312 S.E.2d 823 (Ga.App. 1983), the Court of Appeals took a position that, at least on the surface, appears to be in conflict with the decision in Glen Falls.

Summary of this case from Macon Iron Paper Stock Co. v. Transcontinental Ins. Co.

In Meriwether, there was no evidence that the property owner who blocked a public road by putting up a gate intended to harm, in a legal sense, those who used that road.

Summary of this case from Macon Iron Paper Stock Co. v. Transcontinental Ins. Co.
Case details for

Georgia Farm Bureau Mutual Insur. Co. v. Meriwether

Case Details

Full title:GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. MERIWETHER

Court:Court of Appeals of Georgia

Date published: Nov 30, 1983

Citations

312 S.E.2d 823 (Ga. Ct. App. 1983)
312 S.E.2d 823

Citing Cases

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Owners Insurance Company v. James

Applying that definition in similar cases, courts have generally held that where an act is intentional, it…