Georgia Cas. & Sur. Co. v. Bradshaw, 39232
| Decision Date | 23 February 1962 |
| Docket Number | No. 39232,No. 1,39232,1 |
| Citation | 124 S.E.2d 657,105 Ga.App. 416 |
| Parties | GEORGIA CASUALTY & SURETY COMPANY v. T. B. BRADSHAW |
| Court | Georgia Court of Appeals |
Syllabus by the Court
A petition which alleges that the defendant is indebted to the plaintiff in a stated amount for premiums on insurance policies, showing the number of each policy, the effective dates of coverage and the premium due on each, states a cause of action on open account.
The plaintiff (plaintiff in error) sued the defendant (defendant in error) for insurance premiums on policies that were allegedly issued by plaintiff and in effect for about 12 weeks. The petition alleged: The plaintiff at defendant's request agreed to insure certain of the defendant's risks and bound the coverage on said risks effective March 2, 1960, until the requested policy could be issued. Plaintiff issued the policies on or about March 24. On May 25 defendant's agent, acting within the scope and course of his agency, requested plaintiff to cancel the policies effective that date. Plaintiff complied with the request. An exhibit attached to the petition shows that for the period March 2 to May 25 the policies earned premiums totaling $6,307.25, the three policies being listed by number, with effective dates of coverage from March 2 to May 25, and amount of premium earned. The defendant refused to pay the premiums as requested and owes the same, together with 7% interest from July 30, 1960.
The defendant filed general and special demurrers. The trial court sustained the general demurrer allowing the plaintiff leave to amend and declined to pass on the special demurrers.
Plaintiff by amendment alleged: On or about March 1 in a conference between defendant's agent and plaintiff, plaintiff offered to insure certain of defendant's risks with certain terms as to premiums. The defendant accepted and confirmed the conditions of the agreement. The plaintiff then bound coverage effective March 2 'until further information and experience data could be accumulated, whereupon the policies requested would be issued.' During the effective dates of the policies the plaintiff paid claims under the policies.
The defendant renewed its demurrers and filed further special demurrers to the allegations of plaintiff's amendment. The court sustained the renewed general demurrer and dismissed the petition. The plaintiff assigns error on this judgment.
Wilson, Branch & Barwick, Thomas S. Bentley, Atlanta, for plaintiff in error.
Lewis R. Slaton, Jr., Edward H. Robertson, Atlanta, for defendant in error.
The petition alleges that the defendant is indebted to the plaintiff in a stated amount for premiums on insurance...
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