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SOUTHERN INSURANCE COMPANY v. MARTIN

43786.

118 Ga. App. 608 (1968)

164 S.E.2d 887

SOUTHERN INSURANCE COMPANY v. MARTIN.

Court of Appeals of Georgia.

Decided November 5, 1968.

Attorney(s) appearing for the Case

Kimzey & Kimzey, Herbert B. Kimzey, for appellant.

Jack N. Gunter, for appellee.

FELTON, Chief Judge.

1. Where the plaintiff insured never filed a proof of loss, which was a condition precedent for the payment of his loss and an action therefor, in the absence of waiver or estoppel the condition precedent to his action on the policy has not been met. Progressive Mut. Ins. Co. v. Burrell Motors, 112 Ga.App. 88 (1) (143 S.E.2d 757).

2. The evidence fails to...

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