Smith v. Western Assurance Co. of Canada

Court of Appeals of Georgia

Smith v. Western Assurance Co. of Canada

89 S.E. 533, 18 Ga. App. 461, 1916 Ga. App. LEXIS 1023

CourtCourt of Appeals of Georgia

DecidedJuly 19, 1916

Docket7294

StatusPublished

Cited by3 cases

This text of 89 S.E. 533 (Smith v. Western Assurance Co. of Canada) 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

Smith v. Western Assurance Co. of Canada, 89 S.E. 533, 18 Ga. App. 461, 1916 Ga. App. LEXIS 1023 (Ga. Ct. App. 1916).

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Opinion

Hodges, J.

1. Forfeiture of insurance under a fire-insurance policy, as a result of failure of the insured to furnish proofs of loss according to the terms of the contract, is not waived by the insurance company by having the loss investigated by an adjuster a few days after the fire; when the policy provides for such investigation and that the insurance company “shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or any examination herein provided for.” See Phenix Insurance Co. v. Searles, 100 Ga. 97 (27 S. E. 779); Everett-Ridley-Ragan Co. v. Traders Ins. Co., 121 Ga. 228, 230 (48 S. E. 918, 104 Am. St. R. 99). .

2. There was no error in awarding a nonsuit. Judgment affirmed.

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Hodges, J.

1. Forfeiture of insurance under a fire-insurance policy, as a result of failure of the insured to furnish proofs of loss according to the terms of the contract, is not waived by the insurance company by having the loss investigated by an adjuster a few days after the fire; when the policy provides for such investigation and that the insurance company “shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal or any examination herein provided for.” See Phenix Insurance Co. v. Searles, 100 Ga. 97 (27 S. E. 779); Everett-Ridley-Ragan Co. v. Traders Ins. Co., 121 Ga. 228, 230 (48 S. E. 918, 104 Am. St. R. 99). .

2. There was no error in awarding a nonsuit. Judgment affirmed.

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Bluebook (online)

89 S.E. 533, 18 Ga. App. 461, 1916 Ga. App. LEXIS 1023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-western-assurance-co-of-canada-gactapp-1916.

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