An ambulance owned and operated by a hospital became disabled while responding to a request to pick up a young patient, who required a transfusion to alleviate problems associated with high levels of bilirubin. It did not reach its destination, and it was two hours before a replacement ambulance arrived to transport the child. The mother of the child filed a lawsuit against the hospital (and others), alleging that negligent providing of ambulance service by the hospital was a proximate cause of aggravation of the child's condition.

The matter was referred to the hospital's insurer that had issued a comprehensive business policy. The insurer sought a declaration of summary judgment that liability coverages included in the policy were not applicable to the events that transpired. The trial court granted the insurer's motion for summary judgment, finding no coverage for the claim that was made. The insured hospital appealed.

The appeal court found only the automobile liability insurance, included in the package policy, relevant to the case. Pertinent portions were:

"We will pay all sums that insured legally must pay as damages because of bodily injury or property damage to which this insurance applies, caused by an accident and resulting from the ownership, maintenance, or use of a covered auto. . . (We have) no duty to defend suits for bodily injury . . . . not covered by this endorsement."

The court determined that the legal issue was "whether ordinary negligence in maintaining a vehicle which then breaks down, delaying transport and treatment of a patient waiting for the insured ambulance, but never, transported in it, is covered by the policy."

Finding no Georgia authority on the issue of delay of an ambulance, the court cited Employers Commercial Union Insurance Company v. Danches, 311 S2d 758, 759 (1 & 2) Florida District Court of Appeals 1975, as follows: "The policy requires two conditions: accident and use. We hold that mere delay by a driver of a motor vehicle will not occasion liability under a policy which also requires an accident to have occurred prior to liability attaching."

The appeal court concluded that an "accident" required for coverage did not occur. The judgment of the trial court was affirmed in favor of the insurance company and against the insured. There was no coverage with respect to the allegations of the complaint.

Editor's Note: The court observed that it would be bizarre to deny coverage in the case that was cited, where the patient died in the ambulance, and to find it for a patient "who never entered the ambulance and whose treatment was delayed, with consequent damages. . . ."

(MACON-BIBB COUNTY HOSPITAL AUTHORITY, Appellant v. CONTINENTAL INSURANCE COMPANY, Appellee. Georgia Court of Appeals. No. A90A0181. July 3, 1990. CCH 1990 Fire and Casualty Cases, Paragraph 2778.)