Hollingsworth & Moraque v. Germania, Niagara, Hanover & Republic Fire Insurance Companies
Supreme Court of Georgia
Insurance. Tried before Judge Parrott. Floyd Superior Court. July Term, 1871. The facts are in the opinion. Judge Parrott charged that the notification by the agent of the insurers to the agent of the assured that he was ready to refund the unearned premium, canceled the policy without an actual payment of the same to him. There was a verdict for the defendant, and a new trial was refused. The policy was not canceled: 2 Cr. Sc.
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Insurance. Tried before Judge Parrott. Floyd Superior Court. July Term, 1871. The facts are in the opinion. Judge Parrott charged that the notification by the agent of the insurers to the agent of the assured that he was ready to refund the unearned premium, canceled the policy without an actual payment of the same to him. There was a verdict for the defendant, and a new trial was refused. The policy was not canceled: 2 Cr. Sc. R., 127; Ang. on Ins., sec. 1991; Phil. on Ins., 2577; 47 Ill. R., 516; 55 Barb. N. Y. R., Hawthorn vs. Ger. Ins. Co.
1Opinion of the Court
Montgomery, Judge.
The policy sued on in this case contained the following provision: “This insurance may be terminated at any time at the request of the assured, in which case the company shall retain only the customary short rates for the time the policy has been in force. The insurance may also be at any time terminated at the option of the companies, on giving notice to that effect, and refunding a ratable proportion of the premium for the unexpired term of the policy.”
The insurance was effected in Rome, Georgia, on goods in Gadsden, Alabama. The companies elected to cancel the policy…
2Cited by20 opinions
- Genone v. Citizens Ins. Co. of New JerseySupreme Court of Georgia · 1950
- St. Paul Fire Marine Ins. Co. v. PeckSupreme Court of Oklahoma · 1914
- Saint Paul Fire & Marine Insurance v. C. I. T. Corp.Court of Appeals of Georgia · 1936
- Union Fire Insurance v. StoneCourt of Appeals of Georgia · 1930
- Chrisman & Sawyer Banking Co. v. Hartford Fire InsuranceMissouri Court of Appeals · 1898
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