Jenkins v. National Union Fire Insurance Co.

Court of Appeals of Georgia

Jenkins v. National Union Fire Insurance Co.

7 S.E.2d 610, 61 Ga. App. 804, 1940 Ga. App. LEXIS 272

Court of Appeals of Georgia·Decided March 1, 1940·No. 27724.·Published·Cited by 1 cases

Opinion

Guerry, J.

This is a suit on a fire-insurance policy. At the completion of the evidence the judge directed a verdict for the defendant. The defendant pleaded a violation of the clause in the policy providing that same should be void “if the interest of the insured be other than unconditional and sole ownership.” The evidence demanded a finding that as a matter of fact there was an outstanding security deed to the land on which the building was located, in favor of a third person. There was no evidence sufficient to show any waiver of this condition and the verdict directed was demanded by the evidence.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concwr.

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Guerry, J.

This is a suit on a fire-insurance policy. At the completion of the evidence the judge directed a verdict for the defendant. The defendant pleaded a violation of the clause in the policy providing that same should be void “if the interest of the insured be other than unconditional and sole ownership.” The evidence demanded a finding that as a matter of fact there was an outstanding security deed to the land on which the building was located, in favor of a third person. There was no evidence sufficient to show any waiver of this condition and the verdict directed was demanded by the evidence.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concwr.

Jenkins v. National Union Fire Insurance Co., 7 S.E.2d 610, 61 Ga. App. 804, 1940 Ga. App. LEXIS 272 (Ga. Ct. App. 1940).

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Opinion

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