Georgia Casualty & Surety Co. v. Almon

Quillian, Judge.

The defendant contends that the summary judgment should have been granted because the evidence demands a finding that the insurance policy was not binding in that it was issued subsequent to the date of the collision. This position is without merit.

As a general rule parties may agree that a policy be antedated, in which case it takes efféct on the date so agreed. 43 AmJur2d 386, Insurance, § 327. However, pretermitting a determination as to the efficacy of this rule under the circumstances of this case, we consider whether the defendant established, as a matter of law, that…