DANIELSON v. INSURANCE COMPANY OF NORTH AMERICA

Civ. A. No. 11956.

309 F.Supp. 26 (1969)

Robert W. DANIELSON v. The INSURANCE COMPANY OF NORTH AMERICA et al.

United States District Court N. D. Georgia, Atlanta Division.

December 31, 1969.


Attorney(s) appearing for the Case

O. Jack Taylor, Jr., Greenville, S. C., for plaintiff.

Gambrell, Russell, Moye & Killorin, Swift, Currie, McGhee & Hiers, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., for defendants.


ORDER

ALBERT J. HENDERSON, District Judge.

Presently before the court is the question whether an insured, who, 45 days after damage to the insured airplane, receives a letter from his insurer explicitly denying coverage for the event for which payment is demanded and refusing to furnish proof of loss forms, can assert a policy provision barring suit until 30 days after proof of loss forms are filed with the insurer as rendering ambiguous or impossible a...

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