40 Ga. App. 275 | Ga. Ct. App. | 1929
(After stating the foregoing facts.) Counsel for the plaintiff in error say in their brief and argument that the “main question for decision may be briefly stated as follows: Can the requirements of the policy as to furnishing written sworn proofs of loss be held to be waived by mere silence and inaction on the part of the company?” A number of cases from foreign jurisdictions are cited, among them, and perhaps the strongest of these cases, being Central City Insurance Co. v. Oates, 86 Ala. 558 (6 So. 83, 11 Am. St. R. 67). In that case the court said: “We can find no case, however, where the mere silence of the insurer has been construed as a waiver of the presentation of preliminary proofs by the insured, where no such proofs, defective or otherwise, have been presented. The policy itself is the most solemn notification possible of the imperative prerequisite of furnishing such proofs. It is there stipulated that they must be furnished as soon as possible after the fire, and this stipulation is a standing notice of the requirement. It stands to reason that his notice need not be reiterated by the insurer, nor any special attention of the assured called to it, unless the particular circumstances of the case render it necessary to fair and honest dealing between the parties. And the authorities accordingly hold that the mere silence of the underwriter or insurer, or his failure to specify the non-production of such preliminary proofs as an objection to the payment of the loss, is not sufficient evidence to justify a jury in inferring a waiver of
Section 5741 of the Civil Code (1910) is as follows: “In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from the other to answer within a reasonable time. Otherwise he is presumed to admit 'the propriety of the acts mentioned in the letter of his correspondent, and to adopt them.” It is the contention of counsel for the plaintiff in error that this provision of the code has no application in the present case, their argument being as follows: “Under this code-
Judgment affirmed.