City of LaGrange v. USAA Insurance

Birdsong, Presiding Judge.

We granted this interlocutory appeal to determine whether the trial court erred in denying summary judgment to the City of LaGrange in this suit by USAA Insurance Company (USAA). USAA claims subrogation for damage to its insured’s house caused by a burst water main on October 3, 1990. USAA contends it complied with the provisions of OCGA § 36-33-5 by giving timely notice to the City’s insurer Gallagher Bassett Services, Inc.; or, that the City waived the statutory requirements for ante litem notice.

OCGA § 36-33-5 (a) and (b) provide that no party shall bring suit…