Legal Opinion · Dissent

Gravely v. Southern Trust Insurance

Court of Appeals of Georgia

Decided September 4, 1979No. 57762Published

1DissentMcMurray, Presiding Judge

This case involves the grant of summary judgment in favor of the defendant insurer based upon the contract of insurance between it and the plaintiff. Apparently the policy is based upon the standard fire policy authorized by Code Ann. § 56-3201 (Ga. L. 1960, pp. 289, 741) which authorizes a clause that no suit or action on the policy for the recovery of any claim "shall be sustainable . .. unless commenced within twelve months next after inception of the loss.”

Ordinarily, the law states that "[a]ll actions upon ... simple contracts in writing shall be brought within six years after the same…

2Cases cited19 opinions

  1. Nationwide Mutual Fire Insurance v. CollinsCourt of Appeals of Georgia · 1975
  2. Melson v. Phenix InsuranceSupreme Court of Georgia · 1896
  3. Underwriters' Agency v. SutherlinSupreme Court of Georgia · 1875
  4. Modern Carpet Industries, Inc. v. Factory Insurance AssociationCourt of Appeals of Georgia · 1971
  5. Sovereign Camp Woodmen of World v. HeflinSupreme Court of Georgia · 1939

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API