South Carolina Insurance v. Hunnicutt

Felton, Chief Judge.

“Where the plaintiff’s right to recover on an insurance contract depends upon a condition precedent to be performed by him, the failure of his petition to allege the performance of such condition precedent, or allege a sufficient legal excuse for its nonperformance, renders said petition subject to general demurrer. Delta Ins. Co. v. Wood, 99 Ga. App. 58 (107 SE2d 693).” Equitable Life Assurance Society v. Hollingsworth, 103 Ga. App. 505 (119 SE2d 725); Harris v. Towns, 106 Ga. App. 217 (3) (126 SE2d 718); Reserve Ins. Co. v. Campbell, 107 Ga. App. 311. Under the ruling in…