Ramsdell v. State Auto Mutual Insurance

425 S.E.2d 661, 206 Ga. App. 357, 92 Fulton County D. Rep. 1868, 1992 Ga. App. LEXIS 1634
Court of Appeals of Georgia·Decided September 8, 1992·No. A92A1137, A92A1138·Published·Cited by 4 cases

Opinion

Pope, Judge.

Effective May 24, 1989,- State Auto Mutual Insurance Company (“State Auto”) issued a policy of automobile liability insurance coverage to Richard Ramsdell as the named insured for the policy period ending November 24, 1989. That policy was a continuation of a policy which began on May 24, 1985. The policy listed Richard Ramsdell and his wife Mary R.. Ramsdell as drivers under the policy and insured three automobiles, a 1984 Honda Accord, a 1986 Chrysler Fifth Avenue, and a 1985 Dodge 600.

On June 13, 1989, the Ramsdells’ son, Robert, was involved in a collision while driving the Honda, a covered vehicle under the Rams-dells’ policy. Because Robert was not listed as a driver under the policy and was at that time residing at his parents’ home, State Auto insisted that Robert be added to the policy. On September 6, 1989, Richard Ramsdell requested that his son Robert and a 1987 Pontiac Grand Am be added to his policy. After Robert was added as a driver under the policy, State Auto learned that he had received a ticket for driving under the influence of alcohol (“DUI”) and that he had pled nolo contendere to that charge. By letter dated September 29, 1989, State Auto issued a notice that the Ramsdells’ policy would be can-celled within 30 days due to Robert’s driving record. The evidence showed that this notice was sent to Hansford-Cloy Insurance Agency, the insurance agency that placed the Ramsdells’ coverage with State Auto. An insurance agent with Hansford-Cloy, Ms. Purvis, then contacted Richard Ramsdell and informed him that his family’s coverage would be cancelled.

Richard Ramsdell inquired about what he could do to retain coverage with State Auto. After the agent spoke with persons employed by State Auto in its underwriting department, she told Richard that he should write a letter stating that Robert was not a resident in his home and that title to the car driven by Robert would be transferred to him. On or before November 15, 1989, Richard Ramsdell telefaxed a letter to Ms. Purvis. The text of that letter follows:

“Effective 11/20/89, Robert Ramsdell will not be included on my auto insurance plan carried by your company. Robert will have clear title to the 1987 Grand Am #1G2NE510U7H782933 and since mid September is a student of North Georgia College and resides there full time. Please continue coverage on my 1986 Fifth Avenue (Chrysler) and my wife’s 1985 Dodge 600 convertible. Also, please change my address to 924 Model Court; Stone Mountain, Georgia *358 30088.”

After receiving this letter, Ms. Purvis sent a change request to State Auto which stated that effective November 20, 1989, both Robert Ramsdell and the 1987 Pontiac Grand Am should be removed from the Ramsdells’ policy.

These cases arise from a motor vehicle accident which occurred on November 21, 1989, one day after the policy changes became effective. On that day Robert Ramsdell, while driving the Grand Am, lost control of the vehicle and ran off the road. Robert’s only passenger, Bradley Walsh, was ejected from the automobile and killed. The vehicle was titled to Richard Ramsdell on the date of the accident.

State Auto filed a complaint for declaratory judgment seeking a determination as to whether it is obligated under the Ramsdells’ policy to provide coverage for that accident. The complaint originally named Richard and Robert Ramsdell as defendants. By consent order Hubert and Barbara Walsh, the parents of Bradley Walsh, were added as defendants. The Walshes and State Auto each filed motions for summary judgment. The trial court granted State Auto’s motion for summary judgment. In Case No. A92A1137, the Ramsdells appeal the trial court’s grant of summary judgment in State Auto’s favor. In Case No. A92A1138, the Walshes appeal the trial court’s grant of summary judgment to State Auto and the denial of their motion for summary judgment.

Case No. A92A1137

1. The Ramsdells argue that there remains a genuine issue of material fact concerning whether Richard Ramsdell intended to delete coverage for the 1987 Pontiac Grand Am effective November 20, 1989. Richard Ramsdell testified that his intent when he wrote the letter was to delete only coverage for his son and to retain coverage for the Grand Am until he transferred title to that vehicle to his son.

On motion for summary judgment the burden is on the movant to prove that there remains no genuine issue of material fact. The opposing party must be given the benefit of all reasonable doubts that can be drawn from the evidence. Turner v. Regal Ins. Co., 201 Ga. App. 720, 721 (411 SE2d 802) (1991). We hold that the only reasonable interpretation of the letter quoted above is that Richard Ramsdell requested that both Robert Ramsdell and the 1987 Pontiac Grand Am be removed from his policy effective November 20,1989. The trial court correctly found there remained no genuine issue of material fact concerning what policy changes Richard Ramsdell requested in the letter quoted above.

2. The Ramsdells also contend that there remains an issue of material fact concerning whether the cancellation of coverage for Robert *359 Ramsdell was the act of Richard Ramsdell or State Auto. While Richard Ramsdell did not seek to modify his policy until he was threatened with cancellation by State Auto, that fact does not make his act of removing his son from the policy the act of State Auto. Richard Ramsdell had the option of obtaining automobile insurance through another company. He chose not to exercise that option and instead to eliminate the reason that State Auto refused to insure the risk of covering his family and automobiles. Consequently, summary judgment was properly granted to State Auto as to this issue.

3. Contrary to the Ramsdells’ contention otherwise, the policy was not cancelled, it was only modified. See Progressive Preferred Ins. Co. v. Davis, 199 Ga. App. 598 (405 SE2d 529) (1991); Buffington v. State Auto Mut. Ins. Co., 192 Ga. App. 389 (384 SE2d 873) (1989). The modifications made were at the request of Richard Ramsdell. Therefore, whether State Auto complied with the policy provisions regarding cancellation or termination is irrelevant to this appeal.

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Ramsdell v. State Auto Mutual Insurance, 425 S.E.2d 661, 206 Ga. App. 357, 92 Fulton County D. Rep. 1868, 1992 Ga. App. LEXIS 1634 (Ga. Ct. App. 1992).

425 S.E.2d 661 (Ramsdell v. State Auto Mutual Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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