Legal Opinion

SPRINGFIELD FIRE & MARINE INSURANCE COMPANY v. Carter

Court of Appeals of Georgia

Decided September 29, 1964No. 40901PublishedCited by 9 opinions

1Opinion of the Court

Eberhardt, Judge.

1. A provision in a policy of fire insurance that no action thereon should be maintainable unless commenced within twelve months next after the occurrence of the loss is valid and constitutes a condition precedent to the maintenance of the action, or a limitation of time within which it may be brought.

2. An action brought after the expiration of twelve months next following the occurrence of the loss is barred by the provision of the policy, and this is true although the petition shows that it is a renewal of a previous action brought within the twelve month period and that…

2Cases cited3 opinions

  1. Peeples v. Western Fire Insurance Co.Court of Appeals of Georgia · 1957
  2. Woodall v. Hartford Fire InsuranceCourt of Appeals of Georgia · 1925
  3. Gross v. Globe & Rutgers Fire InsuranceSupreme Court of Georgia · 1913

3Cited by9 opinions

  1. Darnell v. Fireman's Fund InsuranceCourt of Appeals of Georgia · 1967
  2. Yates v. Cotton States Mutual Insurance CompanyCourt of Appeals of Georgia · 1966
  3. Porter v. Allstate Insurance CompanyCourt of Appeals of Georgia · 1984
  4. Niagara Fire Insurance v. PowellCourt of Appeals of Georgia · 1966
  5. Sloan v. Continental Casualty Co.Court of Appeals of Georgia · 1974

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