AETNA INSURANCE CO. v. WALKER

37270, 37295.

98 Ga. App. 456 (1958)

105 S.E.2d 917

AETNA INSURANCE COMPANY v. WALKER et al.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied October 24, 1958.


Attorney(s) appearing for the Case

Smith, Field, Doremus & Ringel, Sam F. Lowe, Jr., for plaintiff in error.

Nall, Miller, Cadenhead & Dennis, William W. Griffin, Earl J. Van Gerpen, contra.


QUILLIAN, Judge.

1. We will not designate the parties as plaintiff and defendants in error, but where it is necessary to distinguish them, they will be called the insurer and the insured.

A suit to recover for losses from risks covered by an insurance policy is a suit for breach of contract. To set forth a cause of action the petition must show the risk came within the general coverage of the contract, and must not disclose that it was excluded from the coverage...

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