Under Georgia law, "an insured has a legal duty to examine his contract, observe what coverage it provided to him, and, if the coverage was not correct, either reject the policy as written when tendered or renegotiate his contract with the insurer." Assaf v. Cincinnati Ins. Co. , 327 Ga. App. 475, 481 (1) (c), 759 S.E.2d 557 (2014) (citation and punctuation omitted). Accordingly, "an insurance agent who procures insurance, but fails to obtain all of the requested coverage, is insulated from liability if the insured does not read the policy."
(Citation omitted.) Georgia Farm Bureau Mut. Ins. Co. v. Wall , 242 Ga. 176, 179 (2), 249 S.E.2d 588 (1978) ; Assaf v. Cincinnati Ins. Co. , 327 Ga. App. 475, 481 (1), (c) 759 S.E.2d 557 (2014) ; Hearn v. Great Southwest Surplus Lines Ins. Co. , 193 Ga. App. 31, 386 S.E.2d 859 (1989). Compare Virginia Mut. Ins. Co. v. Price , 132 Ga. App. 445, 448, 208 S.E.2d 314 (1974) (mortgagee’s failure to read the policy precluded recovery on the policy as written ).
We review the grant or denial of a motion for summary judgment de novo, and we view the evidence, and the reasonable inferences drawn therefrom, in a light most favorable to the nonmovant. (Citations and punctuation omitted.) Assaf v. Cincinnati Ins. Co., 327 Ga. App. 475 , 475-476 (759 SE2d 557 ) (2014). See also Johnson v. Omondi, 294 Ga. 74 , 75-76 (751 SE2d 288 ) (2013) (accord).
(Citations and punctuation omitted.) Assaf u. Cincinnati Ins. Co., 327 Ga. App. 475 , 475-476 (759 SE2d 557 ) (2014). In this case, although EduCap filed briefs in response to Podesta’s motion for partial summary judgment, EduCap came forward with no evidence in opposition to the motion, and its attorney then failed to appear at the motion hearing.
We review the grant or denial of a motion for summary judgment de novo, and we view the evidence, and the reasonable inferences drawn therefrom, in a light most favorable to the nonmovant. (Punctuation and footnotes omitted.) Assaf v. Cincinnati Ins. Co., 327 Ga. App. 475 , 475-476 (759 SE2d 557 ) (2014). The evidence shows that BPC is in the business of renting, selling, and servicing traffic and pedestrian control devices, among other safety-related gear.
(Citation, punctuation and footnote omitted.) Assaf v. Cincinnati Ins. Co., 327 Ga.App. 475, 479(1)(b), 759 S.E.2d 557 (2014). In this case, the undisputed evidence shows that the Lanier agency was authorized to procure insurance on behalf of Valley Wood, and its conduct in submitting an application for insurance would undoubtedly fall within the scope of its agency relationship.
(Punctuation and footnotes omitted.) Assaf v. Cincinnati Ins. Co. , 327 Ga. App. 475, 475-476, 759 S.E.2d 557 (2014). Viewed in this light, the record reveals that in March 2018, 360 entered into the Agreement to purchase 12 acres of an approximately 37-acre parcel of property owned by DonRob.
(Punctuation omitted.) Downes v. Oglethorpe Univ., Inc. , 342 Ga. App. 250, 250-251, 802 S.E.2d 437 (2017), quoting Assaf v. Cincinnati Ins. Co. , 327 Ga. App. 475, 475-476, 759 S.E.2d 557 (2014). Viewed in this light, the record shows that on April 21, 2019, Belin, Richard Summers, McKenna Smith, and several other teenagers were visiting a beach at Tybee Island near an area called Back River. Smith, Belin, and Summers walked out to a sandbar off the shore during low tide, which was about waist-deep water for the trio.
(Punctuation and footnotes omitted.) Assaf v. Cincinnati Ins. Co., 327 Ga. App. 475, 475-476, 759 S.E.2d 557 (2014). So viewed, the evidence shows that on June 29, 2012, crew leader Mulkey and two other CCWA employees were assigned to fix a water leak in an underground pipe located on the side of Hog Liver Road in Carroll County.
(Punctuation and footnotes omitted.) Assaf v. Cincinnati Ins. Co. , 327 Ga.App. 475, 475-476, 759 S.E.2d 557 (2014).So viewed, the evidence shows that, in 1995, Regent and Buckhead Station, LLC entered into an "Easement Agreement for Access and Utilities."