WERNER ENTERPRISES, INC. v. Stanton

SMITH, Presiding Judge.

In these cases consolidated for appeal, we granted Liberty Mutual Insurance Company’s (Liberty Mutual) applications for interlocutory review following the trial court’s denial of its motions for summary judgment. Because the trial court erred in concluding that former OCGA § 46-7-12.1 authorized a direct action against an excess insurer, we reverse in both cases.

The record reveals that in 2008, the plaintiffs 1 filed suit against Werner Enterprises, Inc. (Werner), Rafael Ferrer, and Liberty Mutual for the deaths of Mary Gordy and Charles Evans following a 2006 accident…