PACIFIC INS. CO. v. R. L. KIMSEY COTTON CO.

42961.

116 Ga. App. 424 (1967)

157 S.E.2d 754

PACIFIC INSURANCE COMPANY v. R. L. KIMSEY COTTON COMPANY, INC. et al.

Court of Appeals of Georgia.

Decided September 15, 1967.

Rehearing Denied October 3, 1967.


Attorney(s) appearing for the Case

Matthews, Maddox, Walton & Smith, Oscar M. Smith, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Sam F. Lowe, Jr., for appellant.

Candler, Cox, McClain & Andrews, Edward Andrews, E. Lewis Hansen, Rogers, Magruder & Hoyt, Dudley Magruder, for appellees.


HALL, Judge.

The determinative issue is whether the insured breached the following provision of the contract: "Conditions suspending or restricting insurance. Unless otherwise provided in writing added hereto this Company shall not be liable for loss occurring (a) while the hazard is increased by any means within the control and knowledge of the insured. . ."

The contract also contains the following provisions: "Fire protection — In consideration of...

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