Aetna Insurance Co. v. Paulk

Pannell, Judge.

Where the terms of a fire insurance policy prohibit the bringing of an action thereon after more than one year from the date of the loss, such provision in the policy is binding on the parties thereto, and a condition precedent to a recovery on the policy (see General Ins. Co. v. Lee Chocolate Co., 97 Ga. App. 588 (103 SE2d 632) and cases therein cited), unless the same be waived under the terms of the policy or the insurer has led the insured to believe that the insured will be paid without suit by its actions in negotiating for settlement or direct promises to pay. See…