Fidelity-Phenix Fire Insurance Co. v. Berry

Court of Appeals of Georgia

Fidelity-Phenix Fire Insurance Co. v. Berry

53 S.E.2d 126, 79 Ga. App. 179, 1949 Ga. App. LEXIS 609

CourtCourt of Appeals of Georgia

DecidedApril 22, 1949

Docket32447.

StatusPublished

Cited by3 cases

This text of 53 S.E.2d 126 (Fidelity-Phenix Fire Insurance Co. v. Berry) 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.

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Fidelity-Phenix Fire Insurance Co. v. Berry, 53 S.E.2d 126, 79 Ga. App. 179, 1949 Ga. App. LEXIS 609 (Ga. Ct. App. 1949).

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Opinion

Felton, J.

Where in an action on a fire-insurance policy the declaration alleges compliance with the terms of the policy as to the filing of a claim, which was prerequisite to the filing of the action on the policy, it was error for the court to direct a verdict for the plaintiff when there was no evidence as to such compliance with the terms of the policy. This is true even if there was evidence as to a waiver of such compliance, in the absence of an amendment to the petition setting forth such waiver. Fidelity & Casualty Co. v. Gate City Nat. Bank, 97 Ga. 634 (4) (25 S. E. 392); New Zealand Fire Ins. Co. v. Brewer, 29 Ga. App. 773 (116 S. E. 922), and cases cited.

The court erred in overruling the motion for a new trial.

Judgment reversed.

Button, C. J., and Parker, J., concur.

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Felton, J.

Where in an action on a fire-insurance policy the declaration alleges compliance with the terms of the policy as to the filing of a claim, which was prerequisite to the filing of the action on the policy, it was error for the court to direct a verdict for the plaintiff when there was no evidence as to such compliance with the terms of the policy. This is true even if there was evidence as to a waiver of such compliance, in the absence of an amendment to the petition setting forth such waiver. Fidelity & Casualty Co. v. Gate City Nat. Bank, 97 Ga. 634 (4) (25 S. E. 392); New Zealand Fire Ins. Co. v. Brewer, 29 Ga. App. 773 (116 S. E. 922), and cases cited.

The court erred in overruling the motion for a new trial.

Judgment reversed.

Button, C. J., and Parker, J., concur.

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Bluebook (online)

53 S.E.2d 126, 79 Ga. App. 179, 1949 Ga. App. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fidelity-phenix-fire-insurance-co-v-berry-gactapp-1949.

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