RESERVE LIFE INS. CO. v. PEAVY

36548.

95 Ga. App. 195 (1957)

97 S.E.2d 542

RESERVE LIFE INSURANCE CO. v. PEAVY.

Court of Appeals of Georgia.

Rehearing Denied February 22, 1957.


Attorney(s) appearing for the Case

Martin, Snow & Grant, for plaintiff in error.

Adams, O'Neal & Steele, H. T. O'Neal, Jr., Robert E. Steele, Jr., contra.


QUILLIAN, J.

1. If negotiations are pending between an insurance company and an insured as to the canceling of a policy, but the minds of the parties have not met and a cancellation has not become actually effective at the time a claim arises, the insurance company cannot use the cancellation of the policy as a defense. Home Ins. Co. of New York v. Chattahoochee Lumber Co., 126 Ga. 334 (55 S. E. 11).

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