NEWARK INSURANCE CO. v. SMITH

40439.

108 Ga. App. 839 (1964)

135 S.E.2d 339

NEWARK INSURANCE COMPANY v. SMITH.

Court of Appeals of Georgia.

Decided January 15, 1964.


Attorney(s) appearing for the Case

M. L. Preston, George E. Maddox, for plaintiff in error.

Arthur C. Farrar, contra.


JORDAN, Judge.

1. The liability of the defendant insurance company under the pro rata clause of the policy sued upon was limited to the proportion of the loss which the amount insured by it bore to the whole amount of insurance on the property. This fact would not, however, preclude recovery against the defendant insurance company in the full amount of coverage afforded by the policy in question since the evidence adduced on the trial of this case in behalf of the...

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