337 S.E.2d 455 | Ga. Ct. App. | 1985
Appellees Harvey E. Burton and Sarah Frances Burton sued appellant Georgia Farm Bureau Mutual Insurance Company (Georgia Farm) for proceeds of a policy of homeowners’ insurance. Appellees were divorced March 22, 1981. In the divorce decree Mrs. Burton was granted fee simple ownership of the family home. The property was subject to a security deed in favor of First Federal Savings and Loan Association of Calhoun. The divorce decree was never recorded. Mr. Burton took up residence adjacent to his former marital home. In August 1982 Mrs. Burton asked Mr. Burton to obtain new homeowner’s insurance on the former marital property. She testified that in exchange for Mr. Burton obtaining and paying for the insurance on the house, making the house payment, and paying the property taxes, he would again have a one-half interest in the house. This agreement was not written or recorded.
On September 1, 1982 Mr. Burton went to the office of Randy Holbert, an agent for Georgia Farm. There, Mr. Burton arranged to have the property insured. Mr. Burton testified that Mr. Holbert
1. Georgia Farm first argues the general grounds. The contention is that under the insurance contract, it was not liable for an amount greater than the insured’s interest in the property, and that Mr. Burton had no interest in the property beyond satisfaction of the outstanding amount of the mortgage. Georgia Farm further contends that it is not liable to Mrs. Burton because she is a stranger to the contract. The Burtons proceeded on the theories that Mr. Burton was Mrs. Burton’s agent in procuring the insurance, that Mr. Burton retained his one-half interest in the property in spite of the divorce decree by virtue of the decree never having been recorded and the alleged agreement between the Burtons, that Georgia Farm had actual knowledge of Mrs. Burton’s interest in the property at the time application was made yet put the policy solely in Mr. Burton’s name, and that after the loss and after learning of the fact of the divorce decree, Georgia Farm offered to renew the policy, thereby waiving any conditions related to insurable interest founded upon actual ownership.
“Any provisions of a policy of insurance, made for the insurer’s benefit, may be waived either expressly or impliedly by the company’s actions. [Cits.]” Barnum v. Sentry Ins., 160 Ga. App. 213, 216 (286
2. Appellant Georgia Farm enumerates nine errors in the court’s charge to the jury, two dealing with failures to give requested charges, and seven dealing with the court’s charging appellees’ requests to charge. We have reviewed the charge as given, as well as the requests to charge. “The charge as a whole was correct, and the court did correctly charge the jury on the duties and legal relationships of the parties in this case governing the issues raised. In order for a refusal to charge to be error, the written requests therefor must be entirely correct and accurate, and must be adjusted to the pleadings, the law, and the evidence in the case. The charge as given by the trial court was complete and sufficient to guide the jury in the decision of the factual issues submitted by the evidence presented at trial and encompassed the issues covered by appellant’s requested charges which were not given. So long as the trial court submits to the jury proper charges from the issues presented by the evidence the trial court is not required to do so in specific language requested by the parties.” (Citations and punctuation omitted.) Columbus, Ga. v. Smith, 170 Ga. App. 276, 282 (316 SE2d 761) (1984). We find no reason for reversal in regard to the court’s charge.
3. We find no merit in appellant’s remaining enumerations of error.
Judgment affirmed.