Legal Opinion

Gazaway v. SECURED INSURANCE COMPANY

Court of Appeals of Georgia

Decided March 11, 1964No. 40571PublishedCited by 2 opinions

1Opinion of the Court

Felton, Chief Judge.

Our courts have held that an absolute refusal to pay waives compliance with requirements prescribed by the insurer for proofs of loss. Government Employees Ins. Co. v. Hardin, 108 Ga. App. 230, 234 (132 SE2d 513) and cases cited. The plaintiff alleged and testified that the defendant made an absolute refusal to pay him anything. The nature of this testimony is such that it might be an opinion of the plaintiff, based upon his conclusion from what the defendant’s agent told him combined with the other facts to which he testified, or, on the other hand, it might have been a…

2Cases cited17 opinions

  1. Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
  2. Shaw v. Jones, Newton & Co.Supreme Court of Georgia · 1909
  3. Evans v. MillsSupreme Court of Georgia · 1904
  4. McCandless v. ConleySupreme Court of Georgia · 1902
  5. Irvin v. LockeSupreme Court of Georgia · 1946

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3Cited by2 opinions

  1. Nationwide Mutual Fire Insurance v. WileyCourt of Appeals of Georgia · 1996
  2. Hall v. Time InsuranceDistrict Court, M.D. Georgia · 1987

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