Liverpool & London & Globe Insurance v. Hughes
Supreme Court of Georgia
Action upon insurance policy. Before Judge Wright. Floyd superior court. March 24, 1915.
1Opinion of the CourtLumpkin, J.
1. Where a policy of fire insurance contained a clause that, unless otherwise provided by agreement endorsed thereon, it should be void if the insured then had or procured other insurance on property covered in whole or in part by such policy, if it be shown that at the time of the issuance of such policy the insured had other insurance on the property, but the insured should seek to avoid the effect of such clause by setting up a waiver thereof, the burden of showing such waiver would rest on the insured thus asserting it. Civil Code (1910), § 5746; 7 Ene. Ev. 539.
2. In order to work such a…
2Cases cited7 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Alabama Construction Co. v. Continental Car & Equipment Co.Supreme Court of Georgia · 1908
- Wiley v. Rome InsuranceCourt of Appeals of Georgia · 1913
- Atlas Assurance Co. v. KettlesSupreme Court of Georgia · 1915
- Orient Insurance v. WilliamsonSupreme Court of Georgia · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Golden v. National Life & Accident InsuranceSupreme Court of Georgia · 1939
- Lee v. Metropolitan Life InsuranceSupreme Court of Georgia · 1924
- Penn Mutual Life Insurance v. BlountSupreme Court of Georgia · 1927
- Williams v. Atlas Assurance Co.Court of Appeals of Georgia · 1918
- McCommons-Thompson-Boswell Co. v. WhiteCourt of Appeals of Georgia · 1924
9 more not listed; retrieve them via the Exa API.