Legal Opinion · Dissent

Brooker v. American Insurance Co.

Court of Appeals of Georgia

Decided July 31, 1941No. 28842Published

1DissentStephens, P. J.

Unless the company waived its right to insist on a forfeiture of the policy, or by its conduct became estopped to declare the policy void because of a transfer and .alienation by the assured of her interest in the property without its consent or without an agreement in writing added to the policy, the policy was void and a recovery thereon can not be had by Mrs. Brooker, Mrs. Jacobs, Jenkins, or any one of them. An insurer may waive conditions and provisions which are inserted in a ■policy for its benefit, or it may by a course of conduct estop itself to set up an otherwise good ground for…

2Cases cited13 opinions

  1. Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
  2. Athens Mutual Insurance v. EvansSupreme Court of Georgia · 1909
  3. Simonton, Jones & Hatcher v. Liverpool, London & Globe InsuranceSupreme Court of Georgia · 1874
  4. Lippman v. Ætna InsuranceSupreme Court of Georgia · 1899
  5. Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908

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