106 Ga. 1 | Ga. | 1898
Fish, J. were consolidated and argued together before this court, as the controlling question presented for decision is common to both. Aside from this question, we find it necessary to deal specially with one only of the various points raised by the plaintiffs in error, none of the others being of sufficient merit or importance, to require notice. Before undertaking to discuss the main issue-involved, we shall direct our attention to the minor question last referred to, which is made in but one of the cases now before us.
It has long been the settled policy of this State that wagering contracts are not to be tolerated. Section 3668 of the Civil Code, the provisions of which have been of force for over a quar
Coinsurance being, then, expressly recognized by our code as -entirely legitimate and proper, it is pertinent to inquire into
It is urged by counsel for the defendant in error that this stipulation is intended to operate as an evasion of the law, and is a mere subterfuge to which insurance companies have resorted. If the requirement imposed upon the assured of keeping up additional insurance to a given amount were one with which it would be impossible or extremely difficult for him to comply, there would be a great deal of force in the suggestion of counsel. But we do not understand that it is at all impracticable or difficult for the owner of property which is a fair risk to obtain insurance “of not less than 75 per cent, of the total cash value thereof.” At any rate, we are not judicially informed that such a requirement may not readily be met, and are not, therefore, in a position to say it is obviously so unrea
Judgment reversed.