Legal Opinion

Pacific Insurance v. R. L. Kimsey Cotton Co.

Court of Appeals of Georgia

Decided September 15, 1967No. 42961PublishedCited by 4 opinions

1Opinion of the Court

Hall, Judge.

The determinative issue is whether the insured breached the following provision of the contract: “Conditions suspending or restricting insurance. Unless otherwise provided in writing added hereto this Company shall not be liable for loss occurring (a) while the hazard is increased by any means within the control and knowledge of the insured. . .”

The contract also contains the following provisions: “Fire protection—In consideration of the rate at which this policy is written it is stipulated that the insured shall exercise due diligence in maintaining in complete working order all…

2Cases cited6 opinions

  1. Cummer Lumber Co. v. Associated Manufacturers' Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
  2. Charles Dowd Box Co. Inc. v. Fireman's Fund Ins. Co.Massachusetts Supreme Judicial Court · 1966
  3. Southern Mutual Insurance v. HudsonSupreme Court of Georgia · 1901
  4. Adair v. Southern Mutual InsuranceSupreme Court of Georgia · 1899
  5. Alston v. Greenwich InsuranceSupreme Court of Georgia · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. R. L. Kimsey Cotton Co. v. Pacific Insurance Co. of New YorkSupreme Court of Georgia · 1968
  2. Pacific Insurance v. R. L. Kimsey Cotton Co.Court of Appeals of Georgia · 1968
  3. R. L. Kimsey Cotton Co. v. Pacific Insurance Co. of New YorkSupreme Court of Georgia · 1968
  4. Royal Frozen Foods Co. v. GarrettCourt of Appeals of Georgia · 1969

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