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Lloyd's Syndicate No. 5820 v. AGCO Corp.

Court of Appeals of Georgia

August 21, 2014

LLOYD'S SYNDICATE NO. 5820
v.
AGCO CORPORATION

Liability insurance; warranty. Gwinnett Superior Court. Before Judge Rich, pro hac vice.

McMickle, Kurey & Branch, Scott W. McMickle, for appellant.

Freeman, Mathis & Gary, T. Bart Gary, for appellee.

Ellington, P. J., and Dillard, J., concur.

OPINION

Phipps, Chief Judge.

In Lloyd's Syndicate No. 5820 v. AGCO Corp.,[1] the Supreme Court reversed our rulings in Divisions 1 and 2 of Lloyd's Syndicate No. 5820 v. AGCO Corp. (" Lloyd's Syndicate I " ).[2] In Lloyd's Syndicate I, we pertinently affirmed the grant of AGCO's motion for partial summary judgment and the denial of Cassidy Davis's motion for [328 Ga.App. 863] summary judgment on the issue of whether an extended protection plan provided coverage for equipment failures caused by certain types of defects.[3] We also affirmed the denial of Cassidy Davis's motion for summary judgment on AGCO's claims for bad faith related to an indemnity provision.[4] The Supreme Court held that we erred in these rulings, concluding that Cassidy Davis was entitled to summary judgment on the extended protection plan issue and the bad faith claim.[5]

Accordingly, Divisions 1 and 2 of Lloyd's Syndicate I are vacated, and the judgment of the Supreme Court is adopted in their stead. Thus, regarding the issue of whether coverage is provided for failures resulting from design or engineering defects, the judgment of the trial court is reversed. Regarding AGCO's claims for bad faith, the judgment of the trial court is reversed.

The case is remanded to the trial court for proceedings consistent with the opinion of the Supreme Court.

Judgment reversed and case remanded.

Ellington, P. J., and Dillard, J., ...


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