Cotton States Mutual Insurance v. State Farm Mutual Automobile Insurance

Beasley, Judge.

The appellants, all of whom are defendants in this declaratory judgment action, are would-be plaintiffs and their insurers in a tort action arising out of a motor vehicle collision. They appeal the grant of State Farm’s motion for partial summary judgment, in which the court ruled that State Farm had not waived its right to enforce the coverage provisions of its auto insurance policy by the payment of excess property damage claims. Defendants also appeal the denial of their motions for summary judgment.

“Summary judgment is proper when there is no genuine issue of material fact…