Bank of Toccoa v. Cotton States Mutual Insurance

Smith, Judge.

Plaintiff Bank of Toccoa was the loss payee on a policy of automobile insurance issued by defendant Cotton States Mutual Insurance Company. The bank filed this action seeking to recover under the policy. Cotton States answered and alleged that it had cancelled the policy prior to the loss. The bank moved for partial summary judgment on the issue of coverage under the policy, contending the purported cancellation was ineffective. The trial court denied the bank’s motion, and this appeal followed.

The undisputed material facts show that the bank required its borrower to maintain an…