Barnes v. GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY

Clark, Judge.

Appellant was listed as mortgagee under a homeowners insurance policy issued by appellee to Robert E. Stroud. The policy term was designated to be for 12 months commencing on June 9, 1970 and expiring on June 9,1971. The policy provided for successive renewals upon payment of a required continuation premium. Such premium was not paid. When the insured property burned on July 4, 1974, the policy had been canceled because of the nonpayment of premiums.

After suit was filed the defendant insurer moved for summary judgment based upon the affidavit of its officer. The affidavit recited…