Cloud v. Georgia Farm Bureau Mutual Insurance

Hall, Judge.

The trial court erred in sustaining the defendant’s general demurrer to the petition on a collision insurance policy seeking collision damages to insured’s vehicle. The petition alleged that at the time of the loss the plaintiffs had performed all the duties required of them by the policy, and that they had demanded and the defendant had refused payment of the loss. The insuring agreement of the policy was subject to the conditions that the insured file proof of loss within 60 days after the occurrence of loss, and that the amount of the loss be determined by appraisers on demand…