Occidental Fire & Casualty Co. of North Carolina v. Johnson

Phipps, Judge.

In this interlocutory appeal, Occidental Fire and Casualty Company of North Carolina, Inc. challenges the denial of its motion for summary judgment. Occidental maintains that it is not subject to Georgia’s direct action statute, OCGA § 46-7-12, which allows plaintiffs to sue directly the insurers of motor carriers. For reasons that follow, we affirm the trial court’s ruling.

To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the nonmovant’s favor, warrant judgment as a matter…