Howard v. Georgia Home Ins. Co.

• Decision Date: 28 July 1897
• Citation: 29 S.E. 143,102 Ga. 137
• Parties: HOWARD v. GEORGIA HOME INS. CO.
• Court: Georgia Supreme Court

29 S.E. 143

102 Ga. 137

HOWARD v. GEORGIA HOME INS. CO.

Supreme Court of Georgia

July 28, 1897

Syllabus by the Court.

1. Where the holder of an insurance policy deliberately, and after opportunity for full investigation, accepted as cash from the adjuster of the company a check in full payment and satisfaction of the loss claimed by him under such policy and gave his receipt for the same, he could not thereafter on the ground that he had been defrauded into making the contract of accord and satisfaction by certain statements made by the adjuster to the effect that, for reasons therein expressed, the company was not liable, maintain an action against the company for such loss, it not appearing that the adjuster, even if the statements in question were incorrect or based upon erroneous reasons, had done anything to prevent the plaintiff from making a full investigation of his legal rights in the premises.

2. In the trial of such an action there was no error in refusing to allow the plaintiff to testify that an agent of the company had represented to him that the adjuster was a "gentleman of the highest honor," in whom the plaintiff could absolutely rely, and that accordingly the plaintiff did rely upon him in making the settlement; there being no pretense that any relation of trust and confidence existed between the plaintiff and the adjuster.

3. Nor in such trial, was there any error in refusing to allow the plaintiff to testify, in effect, that, after the contract of accord and satisfaction had been completed, he declined to be bound by it, and offered to rescind.

4. There was no error in directing a verdict for the defendant.

Error from superior court, Bibb county; W. H. Felton, Jr., Judge.

Action by M. L. Howard against the Georgia Home Insurance Company. From a judgment entered on a verdict directed for defendant, plaintiff brings error. Affirmed.

Steed & Wimberly, for plaintiff in error.

Dessan & Hodges, for defendant in error.

COBB J.

Howard sued the Georgia Home Insurance Company for $1,000 besides interest upon a policy of fire insurance. The policy was dated March 20, 1894, and was for the sum of $2,000, one half of which covered his dwelling house, and the other half certain personal property, consisting of household and kitchen furniture. The property insured was destroyed by fire on July 22, 1894. The defendant pleaded that on August 2 1894, it and the plaintiff entered into an accord and satisfaction of all claims of loss under the policy on the furniture, and that $250 was paid to the plaintiff in full settlement of all liability on account of such loss or damage, and that the same was accepted by the plaintiff in full satisfaction. It appeared from the evidence that plaintiff went to the office of the company; and, in course of a conversation with the adjuster of the company, the latter stated that the company was not liable in any amount on the policy, but that it would make to plaintiff a gift of $250 in full settlement of all claims he held against it on account of the loss of his furniture. Plaintiff, notwithstanding ample opportunity to consult others about the matter, relied on what the adjuster stated to him as to the company's...