Niagara Fire Insurance v. Powell

Felton, Chief Judge.

1. A one-year contractual limitation upon the filing of such an action as is here involved has been held valid by the Supreme Court and this court. Springfield Fire &c. Ins. Co. v. Carter, 110 Ga. App. 382 (1, 3) (138 SE2d 590); Aiken v. Northwestern Mutual Ins. Co., 106 Ga. App. 220 (126 SE2d 630) and cit.

2. Where an action is brought on a policy containing a one-year contractual limitation upon the filing of an action on the policy the petition must allege either a waiver of the provision or an estoppel against the insurer to rely on the provision of the policy limiting…