Addington v. Ohio Southern Express, Inc.

Felton, Chief Judge.

“The sustaining of actionable injury is, under the statute [Code § 68-612 (Ga. L. 1931, pp. 199, 203) ], the only condition precedent to a suit on the policy. When actionable injury is alleged in a suit on the policy, the terms of the statute are complied with, and the petitioner upon proper proof of the injury is entitled to recover on the policy. The cause of action is not on the tort; but on the contract by alleging the occurrence of the condition precedent required by the statute, which statute is an integral part of the contract of insurance.” (Second emphasis…