State Farm Mutual Automobile Insurance v. Kendall

Townsend, Presiding Judge.

The general demurrer is based on the proposition that the petition, by setting out contradictory statements of the insured, alleges both that she was and that she was not the owner of the vehicle in question, and that, these allegations being inconsistent and repugnant to each other, the conclusion must be reached that she was not the owner and accordingly that there was no’ insurance coverage, citing Adams v. Johnson, 182 Ga. 478, 480 (185 SE 805). The plaintiff, however, alleges the contradictory statements of Mrs. Miller simply for the purpose of building a base…