52 Ga. App. 223 | Ga. Ct. App. | 1935
Nannie Blount, for herself and for the use of Mrs. Pearl Hopkins, brought suit against certain fire-insurance companies for an alleged fire loss to her house which was insured by one policy written by the defendant companies. The defendants denied liability, setting up that the fire was of incendiary origin, and that the plaintiff had not filed her proof of loss as required by the policy. The defendants further alleged that the policy contained a loss clause payable to Mts. Pearl Hopkins, the holder of a mortgage against the house; that they had paid to her the amount due on the mortgage note and had taken an assignment thereof to them; and they prayed for a judgment thereon against the plaintiff. The trial resulted in a verdict'in plaintiff’s favor for the difference between the amount of the loss and the sum paid to the mortgagee. The defendants’ motion for new trial was overruled, and they excepted. One ground of the motion is that the court
The second ground is that the verdict was unauthorized by the evidence, as the agreement entered into by the plaintiff and the adjuster, fixing the amount of the loss, did not amount to a waiver of the filing of formal proof of loss, because such agreement stated that it did not abrogate in any way the non-waiver agreement made on the same day, which non-waiver agreement provided that any investigation made by any agent of the defendants of the loss sustained would not relieve the insured of the necessity of complying with the requirements imposed by the pohcy, and that one of the conditions precedent was that formal proof of loss must be submitted by the insured. The facts are these: The plaintiff’s house was insured against fire. The policy was a standard fire-insurance policy, and provided that “If fire occur, the insured shall give immediate notice of any loss thereby in writing” to the insurers, protect the property and make an inventory of the same, “and within 60 days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to the time and origin of the fire,” the amount of loss sustained, etc. The policy further provided that “In the event of disagreement as to the amount of loss, the same shall, as provided, be ascertained by two competeirt and disin
There was a fire damaging the plaintiff’s house, and she immediately notified the local agent of the insurers. An adjuster came, viewed the house, and entered into this agreement on behalf of the insurers with the insured: Whereas the insurers have issued to the insured a certain policy, and whereas there was a loss by fire “under said policy on January 29, 1932, and whereas the insurers and the insured have entered into an investigation of said loss under a non-waiver agreement of this date, it is therefore agreed that the actual property damage to the building described in said insurance policy caused by said fire is, and the same is hereby agreed to be, in the amount of” $427.59, which sum the insured “hereby agrees to accept in full settlement of all liabilities of said insurance under the policy aforesaid, provided it should appear that the said insurers are liable for the payment of any amount whatsoever under the terms of said policy. It is further distinctly understood and agreed that the execution of this agreement shall not abrogate or modify the non-waiver agreement executed by the parties hereto on this date; but that the sole purpose of this agreement is to fix definitely the amount of the property
Proofs of loss are primarily intended for the purpose of securing an adjustment; and it is in accordance with sound public policy that our law recognizes the right of insurance companies to make such requirements in their contracts. Moore v. Dixie Fire Ins. Co., 19 Ga. App. 800, 803 (92 S. E. 302). It has been held sufficient if the proof of loss is made to an adjuster of the insurer who is engaged in adjusting the particular loss. Merchants &c. Ins. Co. v. Vining, 67 Ga. 661 (5); Williams v. Atlas Assurance Co., 22 Ga. App. 661 (97 S. E. 91); Corporation &c. Assurance v. Franklin, 158 Ga. 644 (3 b), 655 (124 S. E. 172). “Every insurer shall have a right to prescribe regulations as to notice and preliminary proof of loss, which shall be substantially complied with by the assured: provided, the same shall be made known at the time of the insurance, and shall not be materially
Judgment affirmed.