Pennsylvania Fire Insurance v. Sorrells
Court of Appeals of Georgia
Action on insurance policy; from Colquitt superior court— Judge Thomas. May 4, 1918. Mrs. Mary Sorrels sued the Pennsylvania Fire Insurance Company for a sum alleged to be due on a policy of fire insurance. The petition alleged: The defendant made to the plaintiff a policy of fire insurance for $3,000, a copy of which is attached to the petition.
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Action on insurance policy; from Colquitt superior court— Judge Thomas. May 4, 1918. Mrs. Mary Sorrels sued the Pennsylvania Fire Insurance Company for a sum alleged to be due on a policy of fire insurance. The petition alleged: The defendant made to the plaintiff a policy of fire insurance for $3,000, a copy of which is attached to the petition. The policy became effective on December 12, 1916. For twelve months next preceding that date the property described in this policy (designated as Policy No. 1305) was insured by the defendant under Policy 1215, which expired simultaneously with the…
1Opinion of the CourtBroyles, P. J.
1. “Where the proposal to insure comes from the insurer, he must be notified of the acceptance of the offer by the insured.” Cooley’s Briefs on the Law of Insurance, §§ 423, 424, 432.
2. “While a contract can be made by correspondence through the. mail, or by telegram, the offer of the seller must be accepted by the purchaser unequivocally, unconditionally, and without variance of any sort. There must be a mutual assent of the parties, and they must assent to the same thing in the same sense.” Robinson v. Weller, 81 Ga. 704 (8 S. E. 447) ; Stix v. Roulston, 88 Ga. 748 (15 S. E. 826) ; Harris…
2Cases cited6 opinions
- Harris & Mitchell v. Amoskeag Lumber Co.Supreme Court of Georgia · 1895
- Robinson v. WellerSupreme Court of Georgia · 1888
- Larned v. WentworthSupreme Court of Georgia · 1901
- Harper & Co. v. Ginners Mutual InsuranceCourt of Appeals of Georgia · 1909
- Whitehead v. PattersonSupreme Court of Georgia · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Associated Mutuals Inc. v. Pope Lumber Co.Supreme Court of Georgia · 1946
- Hodge v. National Fidelity Ins. Co.Supreme Court of South Carolina · 1952
- Trinity Universal Ins. Co. v. RogersCourt of Appeals of Texas · 1948
- Unigard Mutual Insurance v. FoxCourt of Appeals of Georgia · 1977
- Weems v. Albert Pick & Co.Court of Appeals of Georgia · 1925
4 more not listed; retrieve them via the Exa API.