162 Ga. App. 758 | Ga. Ct. App. | 1982
Summary Judgment. H. G. Daniels obtained insurance coverage from Allstate Insurance Company for two automobiles in December, 1979. The premium for six months was $233.90 for coverage of his wife and himself. In January, 1980, after the passage of 23 days, Daniels added his 16-year-old son as an insured. This caused an increase in premium of $140 for the remaining 160 days of the six-month period of the policy. Daniels failed to remit the additional $140 premium. At the increased premium rate, the $233.90 paid for the policy only about four months and caused the premium to be expended on or about April 14,1980. A letter of cancellation was sent to Daniels on April 1, informing him that the policy would be
In Benefield v. Malone, 112 Ga. App. 408, 410 (145 SE2d 732), this court held: “Neither the trial court nor this court is concerned with the credibility of the affidavits — only with the matter of whether they show a genuine issue of fact to exist.” A simple matter of arithmetical calculation demonstrated to the trial court and this court that no issue existed as to the exhaustion of the premium paid and that no unearned premium was due. There being no real issue of fact submitted to the trial court, there was no error in the grant of summary judgment to Allstate. Meade v. Heimanson, 239 Ga. 177, 180 (236 SE2d 357).
Judgment affirmed.