Caldwell v. Life & Cas. Ins. Co. Of Tenn., (No. 18600.)

• Decision Date: 15 September 1928
• Docket Number: (No. 18600.)
• Citation: 144 S.E. 678,38 Ga.App. 589
• Parties: CALDWELL. v. LIFE & CASUALTY INS. CO. OF TENNESSEE.
• Court: Georgia Court of Appeals

38 Ga.App. 589

144 S.E. 678

CALDWELL.

v.LIFE & CASUALTY INS. CO. OF TENNESSEE.

(No. 18600.)

Court of Appeals of Georgia, Division 2.

Sept. 15, 1928.

(Syllabus by Editorial Staff.)

Error from Superior Court, Whitfield County; C. C. Pittman, Judge.

Action by L. G. Caldwell against the Life & Casualty Insurance Company of Tennessee. Judgment for defendant, and plaintiff brings error. Reversed.

Wm. E. Mann and W. Gordon Mann, both of Dalton, for plaintiff in error.

Maddox, Maddox & Mitchell, of Dalton, for defendant in error.

Syllabus Opinion by the Court.

STEPHENS, J. [1] 1. Where an accidental death benefit policy provides for the furnishing of a written proof of loss within a stated period, and there is nothing in thepolicy which, in the event that another policy in the same company covers the same loss upon the same person, requires the furnishing of a separate proof of loss upon each policy, the furnishing to the company of a proof of loss under the second policy will suffice, provided the proof so furnished substantially conforms to the requirements as to proof of loss in the first policy. 37 C. J. 558; Girard Life Insurance Annuity & Trust Co. v. Mutual Life Insurance Co. of New York, 97 Pa. 15; Bohles v. Prudential Insurance Co. of America, 83 N. J. Law, 246, 83 A. 904, affirmed in 84 N. J. Law, 315, 86 A. 438.

2. In a suit by the beneficiary under the first policy to recover for the accidental death of the insured, where the policy provides that, upon a failure of the insurance company to furnish to the claimant, within a certain period, forms for the making of the proof of loss, the claimant will be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy for furnishing the proof of loss, which was within ninety days after the "date of such loss, " "written proof covering the occurrence, character, and extent of the loss, " and where it appears from the petition that no proof of loss was filed under the policy, but within this period there was furnished to the company, under an industrial insurance policy covering the same loss, issued by the same company, a written proof of the same loss, containing information "covering the occurrence, character and extent of the loss, " and there is no provision in the policy sued on covering the furnishing of a separate proof of loss, it appears from the petition that the provision of the policy sued on, as respects the furnishing of a...