Allstate Indemnity Co. v. Payton
Allstate Indemnity Co. v. Payton
Opinion of the Court
Joyce C. Vaughn’s house was destroyed by fire in 2000. Her dwelling and personal property were covered by an insurance policy issued by Allstate Indemnity Company. Vaughn submitted a proof of
Vaughn died in 2002, and her son, James G. Payton, was appointed as the administrator of her estate. In his capacity as administrator, Payton filed suit against Allstate in 2004 to recover the maximum amount allowable under the policy for the value of the personal property lost in the fire. The matter was tried to a jury, which returned a verdict in favor of Payton for $10,500, representing the policy limit less a $100 deductible. Allstate appeals the judgment entered on the verdict.
In its sole enumeration of error, Allstate argues that the trial court erred in denying its motion for a directed verdict because Payton “completely and utterly failed to prove his damages.” We disagree.
The standards for granting a directed verdict and for the review of a judgment entered on a jury verdict are well settled. A directed verdict is proper only if there is no conflict in the evidence as to any material issue and the evidence introduced, construed most favorably to the party opposing the motion, demands a particular verdict.
So viewed, the evidence shows that Renee P. Morton, who is Vaughn’s daughter, always lived in close proximity to her mother. They even worked together for a time when Morton drove a school bus, and Vaughn was her aide. In the days following the fire, Morton and her mother prepared an inventory of all of the household items that had been destroyed in the fire. Morton testified that she and her mother prepared the inventory on a form supplied by Allstate and submitted the inventory to the insurer so that Vaughn could be compensated for her loss. The inventory is five pages long, and, according to Morton, took two days to prepare. The women pictured the items in their minds, discussed them, and tried to estimate the
Allstate argues that this evidence demanded a verdict in its favor because there was no testimony as to the age, purchase price, or condition of the items listed on the inventory. Allstate cites Braner v. Southern Trust Ins. Co.,
Where a homeowner or homeowner’s spouse testifies as to either the purchase price or replacement cost of household furnishings, items of personal clothing and other commonly used personal property destroyed by fire, and as to the approximate date of purchase or acquisition of each such item, the evidence is sufficient for the jury to find the actual cash values of such common and familiar property.5
Allstate argues that because the homeowner’s daughter did not testify as to the approximate date of purchase of the myriad of household goods itemized on the list, the plaintiffs proof of damage was insufficient to withstand a motion for a directed verdict. But Braner, when examined in detail, shows that the trial court in this case properly submitted the case to the jury. In Braner, “the insurer’s agent testified that he instructed the insured to list replacement cost and date of purchase, and that he, using a depreciation formula, would reduce replacement cost to actual cash value as called for by the insurance policy.”
Gray v. State,
Judgment affirmed.
Jackson Nat. Life Ins. Co. v. Snead, 231 Ga. App. 406, 409 (3) (499 SE2d 173) (1998).
Edwards v. Sabat, 263 Ga. App. 852 (589 SE2d 618) (2003).
Id.
255 Ga. 117 (335 SE2d 547) (1985).
(Citations omitted.) Id. at 121 (3). Accord Ramson v. Deakins, 268 Ga. App. 393 (601 SE2d 838) (2004).
Braner, supra at 120 (2) (b).
(Citation and punctuation omitted.) Atlanta Commercial Builders v. Polinsky, 148 Ga. App. 181, 182 (1) (250 SE2d 781) (1978).
212 Ga. App. 262 (441 SE2d 436) (1994).
Id. at 266 (3).
273 Ga. App. 747 (615 SE2d 834) (2005).
(Citations and footnotes omitted; emphasis supplied.) Id. at 749 (2).
Reference
- Full Case Name
- ALLSTATE INDEMNITY COMPANY v. PAYTON
- Cited By
- 2 cases
- Status
- Published