11 S.E.2d 3 | Ga. | 1940
Under the Code, § 56-825, either alienation of the property or assignment of the policy will void the insurance. The clause in the policy that provisions therein which are in conflict with statutes of the State are amended to conform to such statutes does not mean that such provisions must be violations of or prohibited by statute before it is operative, but a conflict in provisions of the two is sufficient. The bill of sale to secure debt was an alienation of the property, and rendered void the policy under both section 56-825 and the terms of the policy.
It is provided by section 56-812 that to sustain any contract of insurance it shall appear that the insured has some interest in the property insured. By this provision of the statute alienation of the property, standing alone, effectively renders the policy unenforceable. Furthermore, if the insured divested himself of all interest and right under the policy by an outright assignment, he could not thereafter claim an interest or maintain an action to recover under the policy in his name. Thus the language in the first sentence of section 56-825, "an alienation of the property insured and a transfer of the policy, without the consent of the insurer, shall void the policy," is construed to mean that either alienation of the property or transfer of the policy, standing alone and in the absence of the other, will void the policy. The execution of the bill of sale was a clear violation of the following provision of the policy: "This entire policy shall be void, unless otherwise provided by agreement in writing added thereto, . . in case of transfer or termination of the interest of the assured other than by death of the assured . . in the property described herein either by sale or otherwise." This language of the forfeiting provision of the policy is not in conflict with any statute of the State, but is in harmony with section 56-825. A bill of sale to secure debt is *857 something more than a mere lien. It is an alienation. It divests the maker of title in the property; and both the policy and the statute provide that it shall cause a forfeiture of the policy. For this reason the judgment of the Court of Appeals affirming the judgment of the trial court is correct. Other attacks made by the petition for certiorari are without merit. The opinion of the Court of Appeals is incorrect as herein pointed out, but the judgment of that court is
Affirmed. All the Justices concur.