TRAVELLERS INDEMNITY COMPANY v. MARKS

41111, 41112.

111 Ga. App. 388 (1965)

141 S.E.2d 911

TRAVELLERS INDEMNITY COMPANY v. MARKS; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied March 23, 1965.


Attorney(s) appearing for the Case

Robert Edward Surles, for plaintiff in error.

Archibald A. Farrar, contra.


PANNELL, Judge.

1. While under an automobile policy which provides that the filing of proper proofs of loss within 91 days is a condition precedent to recovery under the policy, an offer to settle may present a jury question as to whether the offer was so small as to amount to a refusal to pay, which refusal to pay would constitute a waiver of the filing of proofs of loss, Great American Co-Operative Fire Assn. v. Jenkins, 11 Ga.App. 784 (76 Se 159), Moore...

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