Georgia Farm Bureau Mutual Insurance v. Fowler

Sognier, Judge.

Tom Fowler brought suit against Georgia Farm Bureau Mutual Insurance Company (GFB) seeking payment for property damage allegedly covered under a contract of homeowners’ insurance. GFB’s motion to dismiss for failure to state a cause of action was denied by the trial court and we granted GFB’s interlocutory appeal.

The trial court properly denied appellant’s motion to dismiss. “ ‘ “A motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved…