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\\nNo Coverage Under a False Name\\n\\nCheryl Tisdale was injured in an automobile collision while she was \\ndriving her own vehicle containing passengers while logged into the Uber\\n Technologies ("Uber") application as a paid driver. Tisdale served \\nFarmers Insurance Exchange with the complaint, seeking underinsured \\nmotorist ("UM") coverage pursuant to an insurance policy Farmers issued \\nto Raiser, LLC, a subsidiary of Uber.\\n\\nIn Tisdale v. Farmers Insurance Exchange, No. A23A0616, Court of Appeals\\n of Georgia (June 27, 2023) Farmers moved for summary judgment, arguing \\nthat Tisdale did not qualify as an insured under the Uber policy, or, in\\n the alternative, that she was barred from seeking coverage because she \\nintentionally concealed or misrepresented material facts and committed \\nfraud by using a false identity in her Uber driver application and while\\n using the app. The trial court granted summary judgment to Farmers. \\nTisdale appealed.\\n\\nFACTS\\n\\nTisdale was an Uber driver from 2015 to 2017. According to her \\ndeposition, at some point Uber "stopped [her] from driving because they \\ndid a background check [,] and something popped up on there . . . they \\ndidn\'t agree with." In 2019, because she did not believe that Uber would\\n hire her under real name, Tisdale applied to work for Uber using the \\nname "Annie Mollie." Uber approved "Mollie\'s" application, and Tisdale \\nbegan driving for Uber as Annie Mollie.\\n\\nIn April 2020, Tisdale was involved in an automobile accident with \\nGraves while driving her own car, which was registered under her legal \\nname, and while logged into the driver version of the Uber app as Annie \\nMollie. Tisdale gave a recorded statement to Farmers as "Annie Mollie."\\n\\nIn May 2020, Tisdale sued Graves for damages arising out of the \\naccident, alleging that he rear-ended her, pushing her vehicle into the \\npath of another vehicle, which struck her, and that she incurred in \\nexcess of $184,000 in medical expenses.\\n\\nAt the time of the accident, Tisdale had not entered into a contract to \\nuse the Uber app in her own name/capacity, and Uber had not authorized \\nher to drive as an Uber driver; instead, Tisdale operated her vehicle \\nwhile logged into the Uber app using a false identity. Under these \\ncircumstances, Tisdale did not qualify as an insured under the policy \\nFarmer\'s issued to Uber.\\n\\nANALYSIS\\n\\nThe hallmark of contract construction is to ascertain the intention of \\nthe parties, as set out in the language of the contract. As a result, \\nwhen the language of an insurance policy defining the extent of an \\ninsurer\'s liability is unambiguous and capable of but one reasonable \\nconstruction, the courts must enforce the contract as written and agreed\\n to by the parties.\\n\\nTisdale served her own UM carrier - State Farm Fire and Casualty Company\\n - and Farmers with a copy of the complaint and discovery requests. \\nFarmers, in response, alleged that coverage for Tisdale under Uber\'s UM \\npolicy was void.\\n\\nTisdale concedes that she intentionally misrepresented her identity and \\npresented Uber with a false driver\'s license and a false insurance \\nregistration card in order to become a driver. This misrepresentation \\nand fraud provided her coverage under the Farmer\'s policy, which clearly bars the payment of damages to a driver who commits fraud or \\nintentionally misrepresents or conceals a material fact relating to \\ncoverage. Therefore, the trial court properly granted summary judgment \\nto Farmers.\\n\\nZALMA OPINION\\n\\nIt takes a great deal of chutzpah (unmitigated gall) to be fired by Uber\\n for cause, rejoining Uber under a false name, and then claim a right to\\n benefits from the Uber policy. Tisdale was punished by her lies and was\\n not allowed to profit from her fraud.\\n\\n(c) 2023 Barry Zalma & ClaimSchool, Inc.\\n\\n\\n