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Donovan v. State Farm Mut. Auto. Ins. Co.

Court of Appeals of Georgia

November 13, 2014

DONOVAN
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Cert. applied for.

Automobile insurance. Thomas Superior Court. Before Judge Altman.

Whitehurst Blackburn & Warren, Christopher K. Rodd, Malia Phillips-Lee, for appellant.

Alexander & Vann, George R. Lilly II, for appellee.

MILLER, Judge. Doyle, P. J., and Dillard, J., concur.

OPINION

Page 756

Miller, Judge.

Lara Donovan was injured in an automobile accident involving a vehicle driven by Jonathon McMillon. Donovan sued McMillon and three underinsured motorist (" UM" ) carriers, including State Farm, her mother's

Page 757

insurance carrier.[1] McMillon's insurance carrier, Progressive Insurance Company, paid Donovan the $25,000 limit of his [329 Ga.App. 610] liability insurance policy. State Farm subsequently moved for summary judgment, contending that it is entitled to a set-off for the $25,000 paid by McMillon's insurer. The trial court granted State Farm's motion, and Donovan appeals. On appeal, Donovan contends that State Farm is not entitled to set off the $25,000 paid under McMillon's insurance policy against State Farm's $25,000 UM coverage limit. For the reasons that follow, we affirm.

On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.

(Citations and punctuation omitted.) Campbell v. The Landings Assn., 289 Ga. 617, 618 (713 S.E.2d 860) (2011).

So viewed, the evidence shows that in October 2009, Donovan was riding as a passenger in a pickup truck when the truck was involved in a collision with McMillon's vehicle. At the time of the accident, Donovan, who is an adult, resided with her mother in Thomasville, Georgia. Donovan sustained injuries in the accident that she claims exceed $100,000.

In addition to McMillon's $25,000 liability insurance policy issued by Progressive Insurance, three UM policies potentially provide coverage: (1) the State Farm policy issued to Donovan's mother; (2) a Grange Mutual Casualty Company policy issued to Donovan's mother; and (3) a GMAC policy issued to the owner of the truck in which Donovan was riding as a passenger. Each of the UM policies has a $25,000 coverage limit. The Grange and GMAC policies are standard/excess UM policies, which potentially ...


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