Smith v. Allstate Insurance

Sognier, Judge.

Smith, owner of a house at 1701 Barrett Drive, Atlanta, deeded the property to his sister, appellant Landers, without consideration, in July 1973 while divorce proceedings were pending between Smith and his wife. Smith admitted that he intended that Landers reconvey the property to him after the divorce. In November 1974, Smith purchased a “deluxe homeowner’s policy” of insurance on the house in his sister’s name from Knox, an Allstate insurance agent. The policy included a “Standard Fire -Policy” (pursuant to Code Ann. § 56-3201) which provided the following:

“Suit. No suit or…