Legal Opinion

Carolina Like Insurance v. Moultrie

Court of Appeals of Georgia

Decided June 11, 1929No. 19686PublishedCited by 10 opinions

1Opinion of the CourtBroyles, C. J.

1. “Where parties, in the course of the execution of a contract, depart from its terms and pay or receive money under such departure, before either can recover for failure to pursue the letter of the agreement, reasonable notice must be given the other of intention to rely on the exact terms of the agreement. Until such notice, the departure is a quasi new agreement.” Park’s Annotated Code, § 4227.

2. “Where the insurer, by his custom and course of dealing with the in-' sured, in receiving, without objection, premiums or assessments past due, when he could have insisted upon a forfeiture, has…

2Cases cited3 opinions

  1. Cotton States Life Insurance v. LesterSupreme Court of Georgia · 1879
  2. Bankers Health & Life Insurance v. GivvinsCourt of Appeals of Georgia · 1913
  3. Moman v. Bankers Health & Life InsuranceCourt of Appeals of Georgia · 1926

3Cited by10 opinions

  1. Adams v. Washington Fidelity National InsuranceCourt of Appeals of Georgia · 1934
  2. Sovereign Camp Woodmen of the World v. HartSupreme Court of Georgia · 1938
  3. Schick v. Equitable Life Assurance SocietyCalifornia Court of Appeal · 1936
  4. National Life & Accident Insurance v. LainCourt of Appeals of Georgia · 1935
  5. Smith v. GholstinCourt of Appeals of Georgia · 1932

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