lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
UNITED FIRE INSURANCE COMPANY v. PAYNE.
44874.
BELL, Chief Judge.
Action on insurance policy. Haralson Superior Court. Before Judge Winn.
Plaintiff brought this action to recover for a fire loss on a house owned by him allegedly covered under the terms of a fire insurance policy. The loss occurred on January 19, 1968. The policy excluded coverage if the insured building was vacant or unoccupied beyond a period of sixty consecutive days. Defendant appeals from the denial of its motion for summary judgment. Held:
Plaintiff testified at his deposition that the premises were occupied during November and December, 1967 and part of January, 1968, by one Jimmy Nichols. Defendant submitted the affidavit of Jimmy Nichols which stated that he did not occupy the premises until several months after the fire. This evidence shows that a genuine issue of material fact remains for jury resolution. The trial court did not err in denying defendant insurer's motion for summary judgment.
Murphy & Murphy, Jack F. Witcher, for appellee.
Matthews, Maddox, Walton & Smith, James D. Maddox, for appellant.
ARGUED NOVEMBER 3, 1969--DECIDED JANUARY 8, 1970.
Friday May 22 17:14 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com