Kirkendohl v. State Farm Mutual Automobile Insurance

Jordan, Judge.

Under the decisions of this court in the cases of Service Fire Ins. Co. v. Powell, 70 Ga. App. 213 (27 SE2d 896); Clark v. American Cas. Co., 96 Ga. App. 328 (99 SE2d 897); and Coleman v. State Farm &c. Ins. Co., 104 Ga. App. 328 (3) (121 SE2d 833), the plaintiff’s petition clearly stated a cause of action against the defendant for breach of the provisions of the loan receipt. As stated by the court in headnote 3 of the Coleman case, supra, “An insured can not be permitted, after accepting money under a loan receipt, to breach the terms of the loan receipt by settling the claim…