World Mutual Health & Accident Insurance v. Thurmond

Jordan, Judge.

-It is contended by the defendant insurance company that the present suit was barred as a matter of law under the provisions of Code § 20-1401 because the plaintiff insured had previously instituted another suit against the defendant company on the same policy of insurance in which she could and should have asserted the subject claims.

Code § 20-1401 provides that all breaches of contract occurring up to the commencement of an action on such contract must be included therein; and it has been held that it is a legal presumption that such has been done (Evans v. Collier, 79 Ga. 319…