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Culwell v. Lomas & Nettleton Company
Citations: 251 S.E.2d 579; 148 Ga. App. 478; 1978 Ga. App. LEXIS 3195Docket: 55008
Court: Court of Appeals of Georgia; November 28, 1978; Georgia; State Appellate Court
The Court of Appeals of Georgia affirmed the trial court's decision to grant summary judgment in favor of United American Life Insurance Company and United American Bankers Life Assurance Company of Florida in the case of Culwell v. Lomas. The key issue centered on whether Ms. Culwell could establish that her total disability, which began in February 1971, occurred while the insurance policies were in force. Both policies explicitly limited coverage to total disabilities that arose during their effective periods: the first policy was effective from April 1, 1971, and the second from October 1, 1973. The evidence presented indicated that while Ms. Culwell experienced a total disability, it was linked to an automobile accident occurring in February 1971, prior to the coverage of either insurance policy. Consequently, she failed to meet her burden of proof regarding the timing of her disability in relation to the policies. The court reiterated that once the movant for summary judgment demonstrates the absence of genuine issues of material fact, the burden shifts to the opposing party to present any valid theories supporting their case, which Ms. Culwell did not do. The court's decision highlights the purpose of the Summary Judgment Act to prevent unnecessary trials when no material facts are in dispute, leading to the affirmation of the trial court's ruling.