Alwood v. Commercial Union Assurance Company, Ltd.

Court of Appeals of Georgia

Alwood v. Commercial Union Assurance Company, Ltd.

145 S.E.2d 281, 112 Ga. App. 392, 1965 Ga. App. LEXIS 714

CourtCourt of Appeals of Georgia

DecidedSeptember 28, 1965

Docket41485

StatusPublished

Cited by1 cases

This text of 145 S.E.2d 281 (Alwood v. Commercial Union Assurance Company, Ltd.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alwood v. Commercial Union Assurance Company, Ltd., 145 S.E.2d 281, 112 Ga. App. 392, 1965 Ga. App. LEXIS 714 (Ga. Ct. App. 1965).

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Opinion

Frankum, Judge.

1. The record in this case shows without dispute that the fire loss for which suit was brought occurred on April 4, 1960, and that suit was not filed until November 2, 1961, almost 19 months after the loss. The policy provided that no suit or action for the recovery of any claim thereunder would be sustainable in any court of law or equity unless commenced within 12 months after the inception of the loss. This was a valid limitation on the right of the plaintiff to sue, and the failure of the plaintiff to bring suit within the time specified was a bar to the action. Springfield Fire &c. Co. v. Carter, 110 Ga. App. 382 (138 SE2d 590). The court did not err in directing a verdict for the defendant.

2. Assuming that the evidence offered by the plaintiff in justification of his failure to bring suit within 12 months after the loss would have been sufficient, if submitted to the jury, to have authorized a finding in his favor, this evidence was excluded by the court, and no valid assignment of error is made in the motion for a new trial on this ruling, nor is there any direct exception contained in the bill of exceptions assigning error thereon, and the argument contained in the brief of counsel for plaintiff in error regarding this ruling, therefore, presents no question for decision by this court.

Judgment affirmed.

Bell, P. J., and Hall, J., concur.

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Frankum, Judge.

1. The record in this case shows without dispute that the fire loss for which suit was brought occurred on April 4, 1960, and that suit was not filed until November 2, 1961, almost 19 months after the loss. The policy provided that no suit or action for the recovery of any claim thereunder would be sustainable in any court of law or equity unless commenced within 12 months after the inception of the loss. This was a valid limitation on the right of the plaintiff to sue, and the failure of the plaintiff to bring suit within the time specified was a bar to the action. Springfield Fire &c. Co. v. Carter, 110 Ga. App. 382 (138 SE2d 590). The court did not err in directing a verdict for the defendant.

2. Assuming that the evidence offered by the plaintiff in justification of his failure to bring suit within 12 months after the loss would have been sufficient, if submitted to the jury, to have authorized a finding in his favor, this evidence was excluded by the court, and no valid assignment of error is made in the motion for a new trial on this ruling, nor is there any direct exception contained in the bill of exceptions assigning error thereon, and the argument contained in the brief of counsel for plaintiff in error regarding this ruling, therefore, presents no question for decision by this court.

Judgment affirmed.

Bell, P. J., and Hall, J., concur.

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Bluebook (online)

145 S.E.2d 281, 112 Ga. App. 392, 1965 Ga. App. LEXIS 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alwood-v-commercial-union-assurance-company-ltd-gactapp-1965.

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