National Life Insurance v. Jackson

1. While every insurer has the right to prescribe regulations as to notice and preliminary proof of loss, which must be substantially complied with by the insured, an absolute refusal by the insurer to pay the loss waives a compliance with these preliminaries. Civil Code, § 2490; Harp v. Fireman’s Fund Insurance Co., 130 Ga. 726, 730 (61 S. E. 704, 14 Ann. Cas. 299). In this case, the insurance company having absolutely refused to pay the death loss, it was not incumbent upon the plaintiff to furnish proofs of such loss.(a) The evidence was sufficient to show a demand by the plaintiff upon…