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Judge to decide whether horse counts as "motor vehicle" in State Farm uninsured-motorist dispute
Summary
At a June 4 hearing in Clayton County State Court, State Farm moved for summary judgment arguing Jessica Wilson’s uninsured-motorist claim fails because the object struck was a horse, not a motor vehicle; the court heard extended legal argument and took the matter under advisement.
Clayton County State Court held a hearing June 4 on State Farm’s motion for summary judgment in Jessica Wilson’s claim that her insurer should cover damage after she struck a loose horse.
The central legal question was whether Georgia’s uninsured-motorist statute and related definitions encompass an animal. "State Farm is moving for summary judgment on the single question ... there is no coverage for this loss under the plaintiff's uninsured motorist coverage," said Ryan Brightman, attorney for State Farm. Brightman argued the horse cannot be an uninsured motor vehicle under the statute and cited OCGA definitions and case law to support that position.
Plaintiff’s counsel Abigail Moody told the court that Wilson was driving on a public road when a saddled horse entered traffic, and that the crash caused "pretty extensive damage" and "it's about $63,000 in bills." Moody argued there is at least a genuine issue of material fact because the horse had been ridden to a restaurant and tied outside, and therefore "was being operated on the public roadway" in a manner that could fall within precedents allowing nontraditional vehicles to be treated as uninsured motor vehicles.
Brightman pointed to statutory language and precedent, saying courts that broaden the definition have still required the object be operated "like a vehicle" and that there is no legal requirement to carry liability insurance on horses. He noted policy language that, he said, excludes animals from the contract definitions.
Judge Tammy Long Hayward did not rule at the hearing. "We will look more carefully at all of these definitions and, give you an order," she told counsel at the close of argument. The court will issue a written ruling after reviewing statutory definitions, cited cases, and the policy language presented.
If the court denies State Farm’s motion, the case would proceed on whether the policy or Georgia law requires coverage for this type of loss; if the motion is granted, plaintiff Jessica Wilson would not recover under her uninsured-motorist policy. The court did not set a further hearing date at the June 4 calendar call.
