Hart v. Waldo
Supreme Court of Georgia
Action for deceit. Before. Judge Reid. City court of Atlanta. March 3, 1902. Mrs. Hart sued Waldo and the Phenix Insurance Company, a New York corporation, in an action for deceit. Her petition stated substantially the following case: She is the owner of, and is entitled to the possession of, a policy of fire-insurance for $1,200, issued by the defendant insurance company, on her house in the city of Atlanta.
Read the full summary
Action for deceit. Before. Judge Reid. City court of Atlanta. March 3, 1902. Mrs. Hart sued Waldo and the Phenix Insurance Company, a New York corporation, in an action for deceit. Her petition stated substantially the following case: She is the owner of, and is entitled to the possession of, a policy of fire-insurance for $1,200, issued by the defendant insurance company, on her house in the city of Atlanta. On December 10, 1897, while the policy was in force, her house was destroyed by fire. The defendant Waldo was at that time, and still is, the local agent- of the insurance company, and…
1Opinion of the CourtSimmons, C. J.
1. A representation which is true and not calculated to deceive can not be the basis of an action for deceit.
2. It follows that where, in a suit for deceit against an insurance company and 'one of its agents, the petition alleges that the deceit consisted in the agent’s stating to plaintiff, contrary to the requirements of her policy, that what she had done was all that was necessary with regard to furnishing proofs of *591loss, and further alleges that the agent had full authority to make this statement and to waive the requirements of the policy as to proofs of loss, a demurrer to the petition…
2Cited by35 opinions
- Richmond v. Georgia Farm Bureau Mutual InsuranceCourt of Appeals of Georgia · 1976
- Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
- Clinton v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1964
- Brown v. MacK Trucks, Inc.Court of Appeals of Georgia · 1965
- Lewis v. AldermanCourt of Appeals of Georgia · 1968
30 more not listed; retrieve them via the Exa API.