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SOUTHERN GENERAL INSURANCE COMPANY v. Gailey
Citations: 308 S.E.2d 219; 168 Ga. App. 102; 1983 Ga. App. LEXIS 2691Docket: 66383
Court: Court of Appeals of Georgia; September 8, 1983; Georgia; State Appellate Court
Margaret Gailey purchased an automobile in July 1980 and obtained insurance from Southern General Insurance Company, with First National Bank of Cobb County listed as the lienholder on the policy. The insurance was set to expire on January 29, 1981, and Gailey had an accident shortly thereafter. The trial court granted summary judgment to Gailey and the bank, finding that Southern General failed to provide a required notice of nonrenewal. Southern General appealed, arguing that they had complied with notification requirements under OCGA. 33-24-45, which mandates that insurers must deliver a written notice of nonrenewal at least 30 days prior to the policy's expiration. The court noted that the statute allows an exception if the insurer demonstrates intent to renew by sending relevant documentation to the insured or their representative. Southern General provided an affidavit asserting they mailed a notice of intent to renew to Gailey's agent, who confirmed receipt of a memo indicating the need for a premium payment to ensure continuous coverage. The agent's testimony suggested that such a memo would not have been sent without receiving a notice of intent from Southern General. The appellate court concluded that Southern General adequately demonstrated its intention to renew the policy, fulfilling the statutory requirements, and thus should be entitled to summary judgment. The trial court's decision to grant summary judgment to the insured was reversed, and the case was remanded for further proceedings consistent with this opinion.