Travelers Home & Marine Insurance Company v. Castellanos

Summary

The Georgia Supreme Court held that an insured seeking uninsured motorist benefits bears the burden of showing that the tortfeasor was an uninsured motorist, including that the liability insurer legally denied coverage. In a non-cooperation context, the insured must produce evidence that the liability insurer reasonably requested cooperation and that the tortfeasor wilfully and intentionally failed to cooperate; prejudice from the tortfeasor's complete absence from trial may be presumed. Because Castellanos presented no evidence of the liability insurer's efforts to secure Santiago's cooperation or Santiago's wilful refusal, the court reversed the Court of Appeals and upheld summary judgment for Travelers.

Holdings

1. The insured bears the burden of proving the existence of UM coverage and that the tortfeasor was an uninsured motorist under the policy. When the claimed uninsured status rests on a liability insurer's denial of coverage, the insured must produce evidence that the denial was legally sustainable.
2. To show that a liability insurer legally denied coverage because of the insured's noncooperation, the UM claimant must produce evidence that the insurer reasonably requested cooperation, the insured willfully and intentionally failed to cooperate, and the failure prejudiced the insurer's defense.
3. In the uninsured-motorist context, a claimant may rely on a presumption that the tortfeasor's complete absence from trial prejudiced the tortfeasor's liability insurer, subject to rebuttal by the UM carrier.

Questions Presented

1. Which party bears the burden on summary judgment to establish that the tortfeasor was an uninsured motorist under the UM policy when the liability insurer denied coverage for noncooperation?
2. What evidence must an insured produce to show that the liability insurer's denial of coverage for noncooperation was legally sustainable?
3. May prejudice to the liability insurer be presumed when the tortfeasor was completely absent from trial?

Disposition

reversed