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Lawskills.com Georgia Caselaw
GEORGIA MUTUAL INSURANCE COMPANY v. MORGAN.
42619.
HALL, Judge.
Action on insurance policy. Hall Superior Court. Before Judge Kenyon.
Georgia Laws 1960, pp. 289, 670 (Code Ann. 56-2427) provides that failure or refusal by an insurer to furnish forms for proof of loss for completion by the insured upon written notice of a loss shall constitute waiver of the right of the insurer to require proof of loss. See Progressive Mut. Ins. Co. v. Burrell Motors, Inc., 112 Ga. App. 88, 89 (143 SE2d 757); Travelers Fire Ins. Co. v. Robertson, 103 Ga. App. 816 (120 SE2d 657).
"The burden is upon the moving party to establish a lack of genuine issue of fact and the right to a judgment as a matter of law, and any doubt as to the existence of such an issue is resolved against the movant." Holland v. Sanfax Corp., 106 Ga. App. 1, 4 (126 SE2d 442).
There being a genuine issue of fact as to whether the insurer waived its rights to require proof of loss by failing to furnish insured with forms therefor, the trial court did not err in overruling the defendant's motion for summary judgment.
R. Wilson Smith, Jr., John H. Smith, for appellant.
ARGUED MARCH 6, 1967 -- DECIDED MARCH 17, 1967 -- REHEARING DENIED MARCH 30, 1967 -- CERT. APPLIED FOR.
Friday May 22 19:19 EDT


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