Legal Opinion

Nationwide Insurance Co. v. Westbrook

Court of Appeals of Georgia

Decided June 21, 1965No. 41149PublishedCited by 2 opinions

1Opinion of the Court

Bell, Presiding Judge.

1. As against general demurrer pleadings must be construed most strongly against the pleader. Hulsey v. Interstate Life &c. Ins. Co., 207 Ga. 167, 169 (60 SE2d 353); Tarver v. Savannah Beach, Tybee Island, 96 Ga. App. 491, 494 (100 SE2d 616).

If the petition together with Exhibit “A” is so construed, the alleged “agreement” as shown by Exhibit “A” is no agreement at all but is at most a mere application for insurance. While it is doubtful whether the vague and indefinite application for insurance is sufficient to constitute an offer, yet even if it is, the consummation of…

2Cases cited7 opinions

  1. New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
  2. Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
  3. Hulsey v. Interstate Life & Accident InsuranceSupreme Court of Georgia · 1950
  4. Maddox v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1949
  5. Georgia Casualty & Surety Co. v. HardrickSupreme Court of Georgia · 1955

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hawkins Iron & Metal Company, Inc. v. Continental Ins. Co.Court of Appeals of Georgia · 1973
  2. Shivers Chix v. Georgia Farm Bureau InsuranceCourt of Appeals of Georgia · 1979

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