181 Ga. 621 | Ga. | 1935
The Firemen’s Insurance Company filed its petition against Mrs. Alice Bowers and the Georgia Power Company, alleging in substance the following: On November 7, 1929, Mrs. Bowers’ home, which was insured by the plaintiff for $2500, was destroyed by fire occasioned by the negligence of the Georgia Power Company. The plaintiff paid Mrs. Bowers the full amount of $2500 for which she was insured. The insurance policy contained this provision: “If this company shall claim that the fire was caused by the act of negligence of any person or corporation, private or municipal, this company shall, on payment of the loss, be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such rights shall be assigned to this company by the assured on receiving such payment.” Mrs. Bowers brought suit against the Georgia Power Company, returnable to the January term, 1931, of Franklin superior court, wherein she alleged that the contents of the house destroyed by fire through the negligence of the Georgia Power Company were of the value of $3377 and that the value of the house was $6000, and “petitioner had the same insured for $2500; so that she credits said damage in said sum, and sues for the sum of $6877.” This suit resulted in a judgment for Mrs. Bowers for the full amount sued for; and pending a hearing on the Georgia Power Company’s motion for'a new trial a settlement was made whereby, in consideration of the payment to her of $5000 by the Georgia Power Company, Mrs. Bowers executed to it a release forever discharging it “from any and all actions, causes of action, claims and demands, for, upon, or by reason of any damage, loss, or injury which heretofore have been, or which hereafter may be sustained by me in consequence of destruction of our home, furniture, furnishings and possessions by fire, on account of alleged defective wiring, as set out in suit of Mrs. Alice Bowers versus Georgia Power Company, which suit is hereby alluded to and made a part of this settlement. This is also in full satisfaction of verdict and judgment in above case; said damages, loss, or injury consisting of any and all damages or injury of any kind or character whatsoever resulting from said accident.”
It was further alleged that under the terms of its policy and in equity the plaintiff became subrogated to Mrs. Bowers’ cause of action against the Georgia Power Company upon its payment to
Judgment, affirmed.