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S10G0619. SAPP et al. v. CANAL INSURANCE CO.
State: Georgia
Court: Supreme Court
Docket No: S10G0619
Case Date: 02/28/2011
Preview:Final Copy 288 Ga. 681

S10G0619. SAPP et al. v. CANAL INSURANCE COMPANY. HUNSTEIN, Chief Justice. In April 2007, appellant Pamela Sapp was injured in a car accident when her car was struck by a dump truck driven by David Lamb and owned by Lamb's employer, Entra Demond Blackmon, d/b/a EDB Trucking. Sapp and her husband sued Lamb and EDB in Tift County Superior Court; the Sapps also filed a federal lawsuit against EDB's insurer, appellee Canal Insurance Company. Thereafter, Canal filed a declaratory judgment action in Tift Superior Court, as to which the Sapps filed a counterclaim, seeking a declaration that the accident was not covered under the subject insurance policy. Specifically,

Canal claimed that, because the accident undisputedly occurred outside the 50mile radius-of-use limitation set forth in the insurance policy, injuries resulting from the accident were not covered under the policy. On cross-motions for summary judgment, the trial court granted Canal's motion, finding no coverage with respect to the Sapps' claims, and dismissed with prejudice all claims against Canal. The Court of Appeals affirmed, finding that EDB's insurance

policy was a basic automobile liability policy rather than a motor carrier policy; that the policy was thus not subject to statutory minimum liability limits imposed on motor carrier policies; and that the 50-mile radius-of-use limitation in the policy was therefore valid and operated to preclude coverage for claims arising out of the accident. Sapp v. Canal Ins. Co., 301 Ga. App. 596 (688 SE2d 375) (2010). This Court granted the Sapps' petition for writ of certiorari to consider the applicability of the Georgia Motor Carrier Act, OCGA
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