Smith v. Prudential Property & Casualty Insurance
Smith v. Prudential Property & Casualty Insurance
Opinion of the Court
Christopher Smith was involved in a motor vehicle collision with David Howard in Liberty County, Georgia, on November 17, 1996, and sued Howard for injuries he allegedly suffered in the accident. Because Howard was either underinsured or uninsured, Smith served Prudential Property & Casualty Insurance Company pursuant to OCGA § 33-7-11 (d) as the insurance carrier responsible for providing him with uninsured motorist coverage. The trial court granted Prudential’s motion for summary judgment asserting that Smith was not entitled to coverage, and Smith appeals.
Smith claimed that Prudential was obligated to provide uninsured motorist coverage under a policy issued in New York by Prudential to Michael and Barbara Sankevicus, Smith’s stepfather and mother, who reside in New York. The policy, which included a supplementary uninsured motorist endorsement, listed a 1990 Plymouth Acclaim, a 1990 Pontiac Grand Prix, and a 1986 Jeep Comanche as the insured vehicles. At the time of the accident, Smith was operating a motorcycle owned by him and registered in Liberty County, Georgia, but not listed as an insured vehicle under the policy.
Smith contended that, under the terms of the policy, he was an insured for purposes of uninsured motorist coverage because he resided at the household of his mother and stepfather in New York, even though he was stationed in Georgia as a member of the United States Army at the time of the accident. We need not decide this issue because, even assuming Smith was an insured under the policy, the policy contained an exclusion which otherwise prevented Smith from claiming uninsured motorist coverage. The policy provided that uninsured motorist coverage did not apply “to bodily injury to an insured incurred while occupying a motor vehicle owned by that
Smith argues that, even if the exclusion was valid in New York,
In considering the similar exclusion in this case, we conclude that New York law applies to the policy and OCGA § 33-7-11 does not invalidate the exclusion. Bourgault, supra at 160-161. The trial court correctly granted summary judgment in favor of Prudential.
Judgment affirmed.
See New York Ins. Law §§ 3420 (f) (2); 5102; 5103.
Reference
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- SMITH v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY
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