JOSHUA M. SPORE APPELLANT
GEICO INDEMNITY COMPANY APPELLEE
FROM THE PULASKI COUNTY CIRCUIT COURT, SECOND DIVISION [NO.
CV-14-2226] HONORABLE CHRISTOPHER CHARLES PIAZZA, JUDGE
Ethredge & Copeland, P.A., by: David L. Ethredge and
Johnnie A. Copeland, for appellant.
Wright, Lindsey & Jennings LLP, by: Michael A. Thompson
and Baxter D. Drennon, for appellee.
J. GLADWIN, Chief Judge
Joshua M. Spore appeals the September 8, 2015 order of the
Pulaski County Circuit Court that, in part, granted appellee
GEICO Indemnity Company's motion for summary judgment.
Appellant argues that (1) the facts presented to the trial
court do not support the breach of the cooperation clause in
Lolita Ford's agreement with appellee; (2) the answer to
the question "Who is Laura Mott?" is a material
fact at issue in this matter; (3) the facts as presented do
not give rise to a duty to cooperate on the part of Adrian
Ford, under the policy issued to Lolita, and
thus, appellee's contact with Adrian does not satisfy its
burden of proof; (4) the contacts made by appellee do not
give rise to the satisfaction of the due-diligence standard;
and (5) appellee did not establish that it was prejudiced by
the alleged lack of cooperation by the Fords. We affirm.
March 6, 2011, appellee issued an automobile liability
insurance policy to Lolita-the policy's only named
insured-for the period from April 9, 2011, to October 9,
2011, providing liability insurance to Lolita for a 2005
Pontiac Grand Prix. The policy contains the following
cooperation clause as a condition to liability coverage:
3. ASSISTANCE AND COOPERATION OF THE INSURED. The insured
will cooperate and assist us, if required:
(a) In the investigation of the occurrence;
(b) In making settlements;
(c) In the conduct of suits;
(d) In enforcing any right of contribution or indemnity
against any legally responsible person or organization
because of bodily injury or property damage;
(e) At hearings and trials;
(f) In securing and giving evidence; and
(g) By obtaining the attendance of ...