Legal Opinion

Allstate Insurance v. Stephens

Court of Appeals of Georgia

Decided November 12, 1976No. 53061, 53062PublishedCited by 5 opinions

1Opinion of the Court

Clark, Judge.

Where a fire insurance policy requires that suit thereon be commenced within twelve months of the loss and the last day of that period is a Sunday, may suit be instituted on the following day, Monday? This is the single question presented as a case of first impression in these two appeals.

Plaintiff-appellee’s insured house was destroyed by fire on December 1, 1974. On Monday, December 1, 1975 he sued appellant insurance company for the face value of the policy. This being the "standard form,” it contained the provision that "No suit or action on this policy for the recovery of…

2Cases cited11 opinions

  1. Maxwell Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1913
  2. Brooks v. HicksSupreme Court of Georgia · 1973
  3. Davis v. United States Fidelity & Guaranty CompanyCourt of Appeals of Georgia · 1969
  4. Aiken v. Northwestern Mutual InsuranceCourt of Appeals of Georgia · 1962
  5. Brown v. Emerson Brick Co.Court of Appeals of Georgia · 1914

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

3Cited by5 opinions

  1. Reese v. HendersonCourt of Appeals of Georgia · 1980
  2. Leathers v. GillandCourt of Appeals of Georgia · 1977
  3. Allstate Insurance v. StephensSupreme Court of Georgia · 1977
  4. Allstate Insurance v. StephensSupreme Court of Georgia · 1977
  5. Taylor v. BlackwoodCourt of Appeals of Georgia · 1984

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