Legal Opinion

Bailey v. First National Fire Insurance

Court of Appeals of Georgia

Decided May 31, 1916No. 7085PublishedCited by 16 opinions

Certiorari; from Fulton superior court — Judge Bell. October 20, 1915.

1Opinion of the CourtRussell, C. J.

1. Under the allegations of the plaintiff’s petition as amended, the plaintiff was not entitled to recover, and the court did not err in sustaining a general demurrer and dismissing the action.(a) The suit was upon a contract of fire insurance, and it appears from the petition that the plaintiff failed to give immediate written notice of the loss to the company, in accordance with the stipulation of the contract which provided that “if fire occur, the insured shall give immediate notice of any loss thereby in writing to this company.” The contract further provided that no suit on the policy…

2Cases cited4 opinions

  1. Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
  2. Hutson v. Prudential InsuranceSupreme Court of Georgia · 1905
  3. Graham v. Niagara Fire InsuranceSupreme Court of Georgia · 1899
  4. Southern Home Building & Loan Ass'n v. Home InsuranceSupreme Court of Georgia · 1894

3Cited by16 opinions

  1. Bituminous Casualty Corp. v. J. B. Forrest & Sons, Inc.Court of Appeals of Georgia · 1974
  2. Buffalo Insurance v. Star Photo Finishing Co.Court of Appeals of Georgia · 1969
  3. Life Insurance Co. of Virginia v. WilliamsCourt of Appeals of Georgia · 1933
  4. Patrick v. Travelers InsuranceCourt of Appeals of Georgia · 1935
  5. Williams v. Atlas Assurance Co.Court of Appeals of Georgia · 1918

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