Legal Opinion

American Insurance v. McVickers Bros.

Supreme Court of Georgia

Decided September 22, 1910PublishedCited by 7 opinions

Action upon insurance policy. Before Judge Pendleton. Fulton superior court. January 25, 1909.' Suit was brought on April 15, 1907, on a fire-insurance policy on account of the destruction, by fire on October 10, 1906, of the property on which the insurance was issued. The policy provided that no action on the policy should be sustainable “unless commenced within six months after the date of the fire, and not afterward.”

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Action upon insurance policy. Before Judge Pendleton. Fulton superior court. January 25, 1909.' Suit was brought on April 15, 1907, on a fire-insurance policy on account of the destruction, by fire on October 10, 1906, of the property on which the insurance was issued. The policy provided that no action on the policy should be sustainable “unless commenced within six months after the date of the fire, and not afterward.” TJpon motion to dismiss the petition because the suit was filed moré than six months after the fire occurred, the plaintiff offered amendments making, among other…

1Opinion of the CourtHolden, J.

An insurance policy provided that no action on it should be sustainable “unless commenced within six months after the date of the fire,” and that “no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto, and as to such provisions and conditions no officer, agent, or representative shall have such power or be deemed’ or held to have waived such provisions or conditions, unless such waiver, if any, shall be written…

2Cases cited2 opinions

  1. Hartford Fire Insurance v. AmosSupreme Court of Georgia · 1896
  2. McDaniel v. German American InsuranceSupreme Court of Georgia · 1910

3Cited by7 opinions

  1. GENERAL INSURANCE COMPANY OF AMERICA v. Lee Chocolate CompanyCourt of Appeals of Georgia · 1958
  2. Pethel v. WatersSupreme Court of Georgia · 1965
  3. Georgia Farm Bureau Mutual Insurance v. MikellCourt of Appeals of Georgia · 1972
  4. Studdard v. HawkinsSupreme Court of Georgia · 1913
  5. Aiken v. Northwestern Mutual InsuranceCourt of Appeals of Georgia · 1962

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