Clay v. Phœnix Insurance
Supreme Court of Georgia
Action on insurance policy. Before Judge Hunt. Bibb superior court. April term, 1894. C. C. Clay sued the insurance company upon a policy of insurance, and for damages and attorney’s fees alleged to be due him on account of the bad faith of the company in refusing to pay loss he alleged he sustained by the burning of a house and certain furniture covered by its policy of insurance.
Read the full summary
Action on insurance policy. Before Judge Hunt. Bibb superior court. April term, 1894. C. C. Clay sued the insurance company upon a policy of insurance, and for damages and attorney’s fees alleged to be due him on account of the bad faith of the company in refusing to pay loss he alleged he sustained by the burning of a house and certain furniture covered by its policy of insurance. At the close of the testimony, defendant moved for a nonsuit on the grounds: (1) That the proof failed to make out any cause of action. (2) That the proof showed that when the policy was issued, and since, there…
1Opinion of the Court
Atkinson, Justice.
The official report states the facts.
1. Courts are not at liberty,to arbitrarily disregard reasonable limitations imposed upon the liability of insurance companies under policies of insurance, by stipulations and conditions therein expressed; but in the construction of such policies, and such conditions and stipulations, the courts will look through the whole contract to the real intention of the parties at the time of the execution of the instrument, and give to it such construction as will impute to them a reasonable intendment, and such construction as will relieve…
2Cited by57 opinions
- Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
- New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
- Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
- Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
- Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
52 more not listed; retrieve them via the Exa API.