PROGRESSIVE &c. CO. v. BURRELL MOTORS, INC.

41188.

112 Ga. App. 88 (1965)

143 S.E.2d 757

PROGRESSIVE MUTUAL INSURANCE COMPANY v. BURRELL MOTORS, INC.

Court of Appeals of Georgia.

Decided July 2, 1965.

Rehearing Denied July 16, 1965.


Attorney(s) appearing for the Case

Smith, Ringel, Martin & Carr, H. A. Stephens, Jr., for plaintiff in error.

Bullock, Yancey & Mitchell, Kyle Yancey, contra.


FELTON, Chief Judge.

1. Forfeitures are not favored by the law. Where a policy of insurance provides that when loss occurs, the insured shall file a sworn proof of loss within sixty days after the occurrence, and also provides that "payment for loss may not be required nor shall action lie against the company unless, as a condition precedent thereto, the insured shall have fully complied with all the terms of this policy nor until thirty days after proof of loss is...

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