UNITED FIRE INSURANCE COMPANY v. PAYNE

44874.

121 Ga. App. 16 (1970)

172 S.E.2d 655

UNITED FIRE INSURANCE COMPANY v. PAYNE.

Court of Appeals of Georgia.

Decided January 8, 1970.


Attorney(s) appearing for the Case

Matthews, Maddox, Walton & Smith, James D. Maddox, for appellant.

Murphy & Murphy, Jack F. Witcher, for appellee.


BELL, Chief Judge.

Plaintiff brought this action to recover for a fire loss on a house owned by him allegedly covered under the terms of a fire insurance policy. The loss occurred on January 19, 1968. The policy excluded coverage if the insured building was vacant or unoccupied beyond a period of sixty consecutive days. Defendant appeals from the denial of its motion for summary judgment. Held:

Plaintiff testified at his deposition that the premises...

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