Allstate Ins. Co. v. Walker

• Court: Georgia Court of Appeals
• Writing for the Court: JORDAN; BELL, P.J., and EBERHARDT
• Citation: Allstate Ins. Co. v. Walker, 152 S.E.2d 895, 114 Ga.App. 732 (Ga. App. 1966)
• Decision Date: 02 December 1966
• Docket Number: No. 42361,No. 3,42361,3
• Parties: ALLSTATE INSURANCE COMPANY v. Robert L. WALKER, Jr

Page 895

152 S.E.2d 895

114 Ga.App. 732

ALLSTATE INSURANCE COMPANY v. Robert L. WALKER, Jr.

No. 42361.

Court of Appeals of Georgia, Division No. 3.

Dec. 2, 1966.

Gambrell, Harlan, Russell & Moye, Edward W. Killorin, W. Wray Eckl, Atlanta, for appellant.

No appearance for appellee.

Syllabus Opinion by the Court

JORDAN, Judge.

This is the second appeal to this court by the insurer on an action by the insured seeking recovery under a homeowners insurance policy for the loss by theft of personal property from a house trailer. On the first appeal this court determined that the pleadings and evidence conclusively showed that the house trailer was a dwelling owned by the insured separate and distinct from the dwelling covered by the policy, that the trailer (as a dwelling owned by an insured in which he was not temporarily residing) and its contents were not covered by the insurance policy, and that under these circumstances a verdict for the insurer was demanded as a matter of law. Allstate Insurance Company v. Walker, 111 Ga.App. 120, 123, 140 S.E.2d 910. Thereafter the insured twice amended his petition, alleging that when he purchased the house trailer he inquired of an agent of the insurer as to what coverage was required to insure him against loss by theft from the trailer, that through the agent and through the insurer's underwriting office he was advised that the trailer and contents were covered by the homeowners insurance policy, and that the insurer was therefore estopped to deny coverage. The insurer moved to strike the amendments and to dismiss the petition, renewed its general and special demurrers, and demurred specially to the amendments. The trial judge sustained one special demurrer and overruled the motions and other demurrers. The insurer appeals from the overruling of the motions and demurrers. Held:

1. "The dectrines of implied waiver and of estoppel, based upon the conduct or action of the insurer, are not available to bring within the coverage of a policy risks not covered by its terms, or risks expressly excluded therefrom * * *' 29 Am.Jur., Insurance, § 903, p. 690; Quillian v. Equitable Life Assur. Society, 61 Ga.App. 138(3), 6 S.E.2d 108; Life & Casualty Ins. Co. of Tennessee v. Williams, 200 Ga. 273, 36 S.E.2d 753, 161 A.L.R. 686; Doubrly v. Carolina Life Ins. Co., 58 Ga.App. 178, 198 S.E. 76; Life & Casualty Ins. Co. v. Carter, 55 Ga.App. 622, 191 S.E. 153, affirmed in 185 Ga. 746, 196 S.E. 415.' Reserve Life Ins. Co....