Gallivitoch v. Provident Life & Accident Insurance
Court of Appeals of Georgia
Action on insurance policy; from city court o£ Savannah — Judge Freeman. May 25, 1920. Joe Gallivitoch, a minor, by next friend, sued the Provident Life and Accident Insurance Company on an insurance policy, alleging that Frank Gallivitoch, his father, was injured in an accident, and as a result thereof died on March 25, 1915, and that “proof of the death of the said Frank Gallivitoch has been furnished to said company as required by the terms of the said policy.”
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Action on insurance policy; from city court o£ Savannah — Judge Freeman. May 25, 1920. Joe Gallivitoch, a minor, by next friend, sued the Provident Life and Accident Insurance Company on an insurance policy, alleging that Frank Gallivitoch, his father, was injured in an accident, and as a result thereof died on March 25, 1915, and that “proof of the death of the said Frank Gallivitoch has been furnished to said company as required by the terms of the said policy.” The petition was filed February 23, 1920, and the defendant filed a demurrer, the first and fourth grounds of which were as…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) The policy sued on contained the following clauses: “Affirmative proof of loss must be furnished to the company at its said office in case of claim for loss of time from disability, within ninety days after the termination of the period for which the company is liable, and in case of claim for any other loss, within ninety days after the date of such loss. No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty days after proof of loss has been filed in accordance with the requirements of this policy, nor…
2Cases cited12 opinions
- Melson v. Phenix InsuranceSupreme Court of Georgia · 1896
- Maxwell Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1913
- Hartford Fire Insurance v. AmosSupreme Court of Georgia · 1896
- Stanley v. Sterling Mutual Life InsuranceCourt of Appeals of Georgia · 1913
- Suggs v. Travelers InsuranceTexas Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- GENERAL INSURANCE COMPANY OF AMERICA v. Lee Chocolate CompanyCourt of Appeals of Georgia · 1958
- Pilgrim Health & Life Insurance v. ChismCourt of Appeals of Georgia · 1934
- Gibraltar Fire & Marine Insurance v. LanierCourt of Appeals of Georgia · 1941
- Reece v. Massachusetts Fire & Marine InsuranceCourt of Appeals of Georgia · 1963
- Aiken v. Northwestern Mutual InsuranceCourt of Appeals of Georgia · 1962
5 more not listed; retrieve them via the Exa API.