Commercial Insurance v. Goodwin

Court of Appeals of Georgia

Commercial Insurance v. Goodwin

197 S.E.2d 745, 128 Ga. App. 686, 1973 Ga. App. LEXIS 1578

CourtCourt of Appeals of Georgia

DecidedApril 3, 1973

Docket47803

StatusPublished

This text of 197 S.E.2d 745 (Commercial Insurance v. Goodwin) 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

Commercial Insurance v. Goodwin, 197 S.E.2d 745, 128 Ga. App. 686, 1973 Ga. App. LEXIS 1578 (Ga. Ct. App. 1973).

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Opinion

Bell, Chief Judge.

In this suit to recover total disability benefits under a house confining clause of an insurance policy, the pleadings and the evidence in support of defendant’s motion for summary judgment show that there are genuine issues of material fact for jury determination concerning whether the plaintiffs departures from his house were for therapeutic or for personal reasons and whether defendant company waived the policy provision by payments made to plaintiff See United Ins. Co. v. Murray, 113 Ga. App. 138 (147 SE2d 656). The judgment denying defendant’s motion is affirmed.

Judgment affirmed.

Deen and Quillian, JJ., concur.

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Bell, Chief Judge.

In this suit to recover total disability benefits under a house confining clause of an insurance policy, the pleadings and the evidence in support of defendant’s motion for summary judgment show that there are genuine issues of material fact for jury determination concerning whether the plaintiffs departures from his house were for therapeutic or for personal reasons and whether defendant company waived the policy provision by payments made to plaintiff See United Ins. Co. v. Murray, 113 Ga. App. 138 (147 SE2d 656). The judgment denying defendant’s motion is affirmed.

Judgment affirmed.

Deen and Quillian, JJ., concur.

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Bluebook (online)

197 S.E.2d 745, 128 Ga. App. 686, 1973 Ga. App. LEXIS 1578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commercial-insurance-v-goodwin-gactapp-1973.

Opinion

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