Overland Southern Motor Co. v. Maryland Casualty Co.
Supreme Court of Georgia
Equitable petition. Before Judge Ellis. Eulton superior court. May 30, 1916. • The Maryland Casualty Company instituted an action against the Overland Southern Motor Company, to recover premiums upon certain policies of liability insurance which the plaintiff had issued to the defendant, and to require the defendant to specifically perform certain provisions of the policies.
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Equitable petition. Before Judge Ellis. Eulton superior court. May 30, 1916. • The Maryland Casualty Company instituted an action against the Overland Southern Motor Company, to recover premiums upon certain policies of liability insurance which the plaintiff had issued to the defendant, and to require the defendant to specifically perform certain provisions of the policies. It was alleged that the policies provided, among other things, that "in consideration of a premium to be paid by the defendant to petitioner of $100.00 initial premium, but upon the further understanding and agreement…
1Opinion of the CourtAtkinson, J.
In substance the plea alleged, that the defendant’s president applied for a policy of liability insurance, the premium for which would be a stated fixed amount, and which would cover specified risks; that the agent of the insurer, on delivering the policy, stated that it conformed to the terms of the application; but that the statements of the agent were untrue in that the policy, purported to cover broader risks than those contemplated in the contract, and contained, different provisions with respect to the amount of the premium; so that instead of there being a fixed premium in amount as…
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