Haulers Ins. Co. v. Davenport

8 Citing cases

  1. Jones v. Golden Rule Ins. Co.

    No. 17-13952 (11th Cir. Aug. 23, 2018)   Cited 5 times

    As with other contracts, the construction and interpretation of an insurance policy is a question of law for the court to decide. Haulers Ins. Co. v. Davenport, 810 S.E.2d 617, 619 (Ga. Ct. App. 2018). Ordinary rules of contract construction govern the interpretation of an insurance contract.

  2. Cox v. Allstate Vehicle & Prop. Ins. Co.

    CV 121-126 (S.D. Ga. Mar. 13, 2023)

    However, the insurer bears the burden to prove that a policy exclusion applies to the facts of the case. Haulers Ins. Co. v. Davenport, 810 S.E.2d 617, 619 (Ga.Ct.App. 2018) (quoting Interstate Life & Accident Ins. Co. v. Wilmont, 180 S.E.2d 913, 914 (Ga.Ct.App. 1971)) ("Where the insurer seeks to invoke an exclusion contained in its policy, it has the burden of proving the facts come within the exclusion.").

  3. Cudd v. State Farm Mut. Auto. Ins. Co.

    637 F. Supp. 3d 1336 (M.D. Ga. 2022)   Cited 2 times   1 Legal Analyses

    "An insurance policy is a contract." Haulers Ins. Co. v. Davenport, 344 Ga. App. 444, 810 S.E.2d 617, 619 (2018). "A condition precedent must be performed before the contract becomes absolute and obligatory upon the other party." O.C.G.A. § 13-3-4.

  4. Citizens Ins. Co. of Am. v. Banyan Tree Mgmt., LLC

    631 F. Supp. 3d 1256 (N.D. Ga. 2022)

    Insurance policies are contracts, the construction and interpretation of which are matters of law for the court. Haulers Ins. Co. v. Davenport, 344 Ga. App. 444, 445, 810 S.E.2d 617 (2018). "To determine whether an insurer owes its insured a duty to defend a particular lawsuit, Georgia law directs us to compare the allegations of the complaint, as well as the facts supporting those allegations, against the provisions of the insurance contract."

  5. The Cincinnati Ins. Co. v. Cole

    599 F. Supp. 3d 1344 (M.D. Ga. 2022)

    "An insurance policy is a contract." Haulers Ins. Co. v. Davenport , 344 Ga.App. 444, 810 S.E.2d 617, 619 (2018). And a premium is consideration for an insurance contract.

  6. Landrum v. Allstate Ins. Co.

    CIVIL ACTION NO. 5:18-cv-00458-TES (M.D. Ga. Oct. 9, 2019)   Cited 3 times

    Once the insured's burden is met, the burden shifts to the insurer to prove that a policy exclusion applies to the facts of the case. Haulers Ins. v. Davenport, 810 S.E.2d 617, 619 (Ga. Ct. App. 2018) (quoting Interstate Life & Accident Ins. v. Wilmont, 180 S.E.2d 913, 914 (Ga. Ct. App. 1971)) ("Where the insurer seeks to invoke an exclusion contained in its policy, it has the burden of proving the facts come within the exclusion."). B. Policy Language

  7. Lloyd's of Lon. v. Navicent Health

    CIVIL ACTION NO. 5:18-cv-00133-TES (M.D. Ga. Oct. 3, 2019)

    Once the insured's burden is met, the burden shifts to the insurer to prove that a policy exclusion applies to the facts of the case. Haulers Ins. v. Davenport, 810 S.E.2d 617, 619 (Ga. Ct. App. 2018) (quoting Interstate Life & Accident Ins. v. Wilmont, 180 S.E.2d 913, 914 (Ga. Ct. App. 1971)) ("Where the insurer seeks to invoke an exclusion contained in its policy, it has the burden of proving the facts come within the exclusion."). This Order focuses on the second part of this analysis, because Lloyd's argues policy exclusions apply to Navicent's claim for indemnification. Because there are questions of fact that preclude the Court from determining whether the exclusions bar coverage as a matter of law, the Court must deny both parties' motions for summary judgment on Lloyd's of London's cooperation and prior-knowledge defenses.

  8. Hughes v. ACE Am. Ins. Co.

    888 S.E.2d 341 (Ga. Ct. App. 2023)   Cited 3 times

    See Harlan v. Six Flags Over Georgia , 250 Ga. 352, 353, 297 S.E.2d 468 (1982) (noting that "elevators, taxicabs, buses, and railroads" are public conveyances). See also Haulers Ins. Co. v. Davenport , 344 Ga. App. 444, 446-448 (2), 810 S.E.2d 617 (2018) (holding ordinary, plain, and unambiguous meaning of term "public conveyance" means the vehicle must be held out indiscriminately to the general public for hire). We therefore affirm the trial court's grant of summary judgment in favor of Ace Insurance.