Sun Insurance v. First National Bank

Felton, Chief Judge.

The issue of whether or not the insured's damage was caused solely because it had intentionally not recorded or filed the instrument as required by the policy apparently was not raised in the case. Accordingly, the defendant’s liability under the policy depends upon the proper construction of the exclusion urged as a defense.

“It is well settled that the courts of Georgia, if there is any ambiguity in an insurance policy, will construe the contract most favorably to the insured. . . But it is equally well settled that no construction is required or even permissible when the…