Home Insurance Co. of New York v. Chattahoochee Lumber Co.
Supreme Court of Georgia
Action on insurance policy. Before Judge Spence. Decatur superior court. May 11, 1905. The Chattahoochee Lumber Company brought suit against the Home Insurance Company of New York, to recover $20,000 upon a policy of insurance. It was issued by the defendant on January 17, 1903, for a term of one year, and covered certain property belonging to the plaintiff.
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Action on insurance policy. Before Judge Spence. Decatur superior court. May 11, 1905. The Chattahoochee Lumber Company brought suit against the Home Insurance Company of New York, to recover $20,000 upon a policy of insurance. It was issued by the defendant on January 17, 1903, for a term of one year, and covered certain property belonging to the plaintiff. It contained the following provision in regard to cancellation: “This policy shall be cancelled at any time at the request of the insured; or by the company by giving five days notice of such cancellation. If this policy shall be…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The policy of insurance was issued for the term of one year, and the fire occurred within that time. The company relies on the defense of cancellation before the fire. This could only occur in one of three ways: by the exercise of the right of cancellation by the insured (which is not claimed), by the action of the company under the clause in the policy which permitted it to cancel on five days notice (the only clause on the subject), or by an agreed cancellation taking effect before the loss. The letter asking that the policies be returned for cancellation…
2Cases cited3 opinions
- Charleston & Western Carolina Railway Co. v. Pope & FlemingSupreme Court of Georgia · 1905
- Hollingsworth & Moraque v. Germania, Niagara, Hanover & Republic Fire Insurance CompaniesSupreme Court of Georgia · 1872
- Wicks Bros. v. Scottish Union & National InsuranceWisconsin Supreme Court · 1900
3Cited by17 opinions
- Saint Paul Fire & Marine Insurance v. C. I. T. Corp.Court of Appeals of Georgia · 1936
- Commercial Union Assurance Co. Ltd., of London v. Chattahoochee Lumber Co.Supreme Court of Georgia · 1908
- Hartford Accident & Indemnity Company v. HartleyDistrict Court, M.D. Georgia · 1967
- DeLaPerriere v. American Home Assurance InsuranceCourt of Appeals of Georgia · 1962
- Ruston Drilling Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Eighth Circuit · 1936
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