Zappa v. Allstate Insurance Co.

Whitman, Judge.

1. This case is a suit on a policy of insurance providing protection to plaintiffs’ home against loss by fire and providing additional living expenses in such event.

This court must apply the new rules of the Civil Practice Act regardless of when the judgment was entered below. Hill v. Willis, 224 Ga. 263 (1) (161 SE2d 281). Accordingly, although the trial court below sustained both a general demurrer to the complaint and a motion to dismiss for failure to state a claim (which order plaintiffs enumerate as error), we must review the complaint having regard only to whether the…