Buffington v. New Hampshire Fire Ins. Co.
| Decision Date | 26 June 1961 |
| Docket Number | No. 1,No. 38861,38861,1 |
| Citation | 104 Ga.App. 139,121 S.E.2d 270 |
| Parties | Wanda BUFFINGTON et al. v. NEW HAMPSHIRE FIRE INSURANCE COMPANY |
| Court | Georgia Court of Appeals |
Syllabus by the court.
The endorsement on an automobile liability insurance policy that 'It is understood and agreed that there are no male drivers under 25 years of age driving this car,' issued in consideration of a substantial reduction in premium, does not relieve the insurance company of liability as to damages caused by one isolated operation of the automobile by a male under the age of 25 years.
The New Hampshire Fire Insurance Co. instituted a declaratory judgment proceeding against Mrs. Wanda Buffington (formerly Mrs. Charles Irvin). Phillip Jerry Buffington, husband of Mrs. Wanda Buffington, and Mrs. Martha Sue B. Jenkins for the purpose of having declared the rights of the parties arising out of the issuance by the plaintiff of an automobile liability insurance policy to Mrs. Charles Irvin, who is now Mrs. Wanda Buffington. The facts revealed in the petition are substantially as follows: The policy was dated October 21, 1959, and insured Mrs. Wanda Buffington against (a) bodily injury liability, (b) property damage liability, (c) medical payments to each person, and (d) collision. The automobile covered was a 1959 used Ford, particularly described. On or about the 10th day of September, 1960, the automobile in question was being driven by Phillip Jerry Buffington who was at that time 19 years of age, at which time he lost control of the automobile, ran off the highway down a steep embankment and almost completely demolished the automobile. At the time of the wreck, there were in the automobile, in addition to the driver, Mrs. Wanda Buffington and Mrs. Martha Sue B. Jenkins, all of whom received personal injuries. Mrs. Wanda Buffington is claiming of petitioner the sum of $800 for damages to the automobile and has filed a proof of loss with the plaintiff. All of the occupants of the automobile are claiming medical expenses under coverage 'c' of the policy and have employed attorneys to prosecute their claims. Mrs. Martha Sue B. Jenkins has employed attorneys to prosecute a claim for bodily injuries against Mrs. Wanda Buffington, who will file an action against Mrs. Wanda Buffington for damages for personal injuries unless enjoined from so doing until the questions raised by the petition in this case are settled. On the date of the policy the following endorsement was placed on the policy by an agent of the plaintiff to the following effect: 'It is understood and agreed there are no male drivers under 25 years of age driving this car; and a return premium of $54 is hereby granted under this condition.
Return Premium
B. I. $24.00
P. D. 14.00
Coll. 16.00
-------
Total $54.00
Accepted by: Charles Irvin Wanda Irvin Witnessed: Mrs. H. D. Herrington All other terms and conditions of this policy remain unchanged * * *' The prayers of the petition, among others were: '(d) that the court enter a judgment in said matter declaring that the terms, provisions and conditions of the policy and contract issued by petitioner to defendant, Mrs. Wanda Buffington, have been violated to the extent that said violation abrogates the contract of insurance issued by petitioner to defendant because of the facts and things heretofore set out, and, (e) that said policy and contract be declared null and void and that petitioner be relieved from any payment under said policy and that petitioner be relieved from defending any action growing out of said accident, because of the abrogation of said insurance contract by defendant, Mrs. Wanda Buffington allowing and permitting the defendant, Phillip Jerry Buffington to drive and operate her said automobile when he was only 19 years of age and in direct violation of her agreement with petitioner as contained in the above-mentioned endorsement.' The defendants filed a general demurrer to the petition which was overruled by the court. The case was tried by the court on the petition and answer, and the court rendered a judgment on the merits in which he declared that the provisions and conditions of the insurance policy were violated to the extent that the violation...
To continue reading
Request your trial
-
Ditmyer v. American Liberty Ins. Co., 43155
...v. Jones, 88 Ga.App. 812, 78 S.E.2d 94; Griffin v. Hardware Mut. Ins. Co., 93 Ga.App. 801, 92 S.E.2d 871; Buffington v. New Hampshire Fire Ins. Co., 104 Ga.App. 139, 121 S.E.2d 270; Dearhart v. Reserve Ins. Co., 108 Ga.App. 347, 132 S.E.2d 809, reversed on other grounds in 219 Ga. 699, 135 ......
-
LaSalle Nat. Ins. Co. v. Popham
...v. Jones, 88 Ga.App. 188, 76 S.E.2d 449; Griffin v. Hardware Mut. Ins. Co., 93 Ga.App. 801, 92 S.E.2d 871; Buffington v. New Hampshire Fire Ins. Co., 104 Ga.App. 139, 121 S.E.2d 270; Dearhart v. Reserve Ins. Co., 108 Ga.App. 347, 132 S.E.2d 809, reversed on other grounds in 219 Ga. 699, 135......
-
Haley v. State Farm Mut. Auto. Ins. Co., s. 48299
...to go out on the roadway and render service to a stranded motorist. What is the law in such cases? In Buffington v. New Hampshire Fire Ins. Co., 104 Ga.App. 139, 121 S.E.2d 270, this court held: 'The endorsement on an automobile liability insurance policy that 'It is understood and agreed t......
-
State Farm Mut. Auto. Ins. Co. v. Hillhouse
...v. Jones, 88 Ga.App. 812, 78 S.E.2d 94; Griffin v. Hardware Mut. Ins. Co., 93 Ga.App. 801, 92 S.E.2d 871; Buffington v. New Hampshire Fire Ins. Co., 104 Ga.App. 139, 121 S.E.2d 270; Dearhart v. Reserve Ins. Co., 108 Ga.App. 347, 132 S.E.2d 809, reversed on other grounds in 219 Ga. 699, 135 ......