Owens v. Nationwide Mutual Insurance Co.

DAVIS, Judge.

Glenda S. Owens appeals the final summary judgment entered in favor of Nationwide Mutual Insurance Company (“Nationwide”) in her breach of contract action. We reverse.

Owens was a passenger in an automobile that was struck by a vehicle driven by Gregory D. Ervin in the state of Georgia in June 1998. The vehicle Ervin was driving was owned by Ervin’s father-in-law, Jesse Hollingsworth. At the time of the accident, Owens maintained uninsured motorist (“UM”) coverage with Nationwide.

In October 1998, believing Ervin was uninsured, Owens accepted $4415 in UM benefits from Nationwide.…