Legal Opinion
Cotton States Insurance v. Studdard
Court of Appeals of Georgia
Decided April 19, 1972No. 47107PublishedCited by 4 opinions
1Opinion of the Court
Deen, Judge.
Under Code § 114-305, unless the claim is filed within one year after the accident it is barred. The statute is tolled upon a showing that fraud was practiced upon the employee which prevented his filing the claim within the statutory time, and that he acted promptly upon the discovery of the fraud. Welchel v. American Mut. Liab. Ins. Co., 54 Ga. App. 511 (3) (188 SE 357); Indemnity Ins. Co. v. O’Neal, 104 Ga. App. 305 (2) (121 SE2d 689).
Also, the failure to file a claim within the period of limitation may be waived. Thigpen v. Hall, 46 Ga. App. 356 (167 SE 728); St. Paul-Mercury…
Also in this document: Concurrence.
2Cases cited15 opinions
- Complete Auto Transit, Inc. v. DavisCourt of Appeals of Georgia · 1962
- Stanley v. Sterling Mutual Life InsuranceCourt of Appeals of Georgia · 1913
- Young v. Sonoco Products Co.Supreme Court of South Carolina · 1947
- Indemnity Insurance Co. v. O'NEALCourt of Appeals of Georgia · 1961
- Welchel v. American Mutual Liability InsuranceCourt of Appeals of Georgia · 1936
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3Cited by4 opinions
- BROWN TRANSPORT CORPORATION v. JamesSupreme Court of Georgia · 1979
- Employers Ins. of Wausau v. NolenCourt of Appeals of Georgia · 1976
- AT&T v. BarnesCourt of Appeals of Georgia · 2003
- Owens-Illinois, Inc. v. ChildersCourt of Appeals of Georgia · 1981