Roberts v. Germania Fire Insurance
This text of 71 Ga. 478 (Roberts v. Germania Fire Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The original declaration is for the recovery on a policy renewed, or at least considered as renewed. The amendment is for failing and refusing to renew a policy. The amendment introduces a new cause of action, and was improperly allowed. Code, §34S0. The original action was on a policy renewed, but not in writing, and was therefore demurrable, Code §2794; and there was thus no error in dismissing the action.
The plaintiff may, perhaps, recover on an original suit, like the amendment, under the decision in 43 Ga., 583; but she must begin de novo.
Judgment affirmed.
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71 Ga. 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-germania-fire-insurance-ga-1884.