COMMERCIAL INSURANCE COMPANY OF NEWARK, N. J. v. GOODWIN

47803.

128 Ga. App. 686 (1973)

197 S.E.2d 745

COMMERCIAL INSURANCE COMPANY OF NEWARK, N. J. v. GOODWIN.

Court of Appeals of Georgia.

Decided April 3, 1973.


Attorney(s) appearing for the Case

Harris, Chance & McCracken, Kenneth R. Chance, for appellant.

Burnside, Dye & Miller, A. Rowland Dye, for appellee.


BELL, Chief Judge.

In this suit to recover total disability benefits under a house confining clause of an insurance policy, the pleadings and the evidence in support of defendant's motion for summary judgment show that there are genuine issues of material fact for jury determination concerning whether the plaintiff's departures from his house were for therapeutic or for personal reasons and whether defendant company waived the policy provision by payments made to...

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