NEW YORK UNDERWRITERS &c. CO. v. NOLES

38298.

101 Ga. App. 922 (1960)

115 S.E.2d 474

NEW YORK UNDERWRITERS INSURANCE COMPANY v. NOLES et al.

Court of Appeals of Georgia.

Rehearing Denied June 29, 1960.


Attorney(s) appearing for the Case

Charles L. Weltner, Smith, Swift, Currie, McGhee & Hancock, for plaintiff in error.

Charles L. Goodson, Welborn B. Davis, Jr., contra.


FRANKUM, Judge.

The sole question to be determined, as admitted by the attorneys for both parties, is whether or not the conduct of the defendant's agent and adjustors will amount to a waiver of a contractual provision in a policy of insurance that requires the insured to submit sworn proofs of loss within a specified time as a prerequisite to any claim against the insurance company.

"Waiver is a voluntary relinquishment of some known right, benefit, or advantage...

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