Legal Opinion

Reserve Life Insurance v. Peavy

Court of Appeals of Georgia

Decided February 6, 1957No. 36548PublishedCited by 7 opinions

1Opinion of the CourtQuillian, J.

1. If negotiations are pending between an insurance company and an insured as to the canceling of a policy, but the minds of the parties have not met and a cancellation has not become actually effective at the time a claim arises, the insurance company cannot use the cancellation of the policy as a defense. Home Ins. Co. of New York v. Chattahoochee Lumber Co., 126 Ga. 334 (55 S. E. 11).

2. For a notice to an insured to be the basis of a cancellation of an insurance policy it must positively and unequivocally indicate “. . . to the insured that it is the intention of the company that the…

2Cases cited4 opinions

  1. Sumner v. SumnerSupreme Court of Georgia · 1938
  2. Home Insurance Co. of New York v. Chattahoochee Lumber Co.Supreme Court of Georgia · 1906
  3. Chambers v. Washington National InsuranceCourt of Appeals of Georgia · 1941
  4. Seaboard Air-Line Railway v. ReidCourt of Appeals of Georgia · 1909

3Cited by7 opinions

  1. Reserve Life Insurance Co. v. PeavyCourt of Appeals of Georgia · 1958
  2. Mid-State Homes, Inc. v. Cherokee Insurance Co.Court of Civil Appeals of Alabama · 1973
  3. Grayson-Carroll-Wythe Mutual Insurance v. Allstate InsuranceDistrict Court, W.D. Virginia · 1984
  4. Reserve Life Insurance Co. v. PeavyCourt of Appeals of Georgia · 1958
  5. Reserve Life Insurance Co. v. PeavyCourt of Appeals of Georgia · 1958

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