Georgia Court of Appeals, 1940

Jenkins v. National Union Fire Insurance Co.

Jenkins v. National Union Fire Insurance Co.
Georgia Court of Appeals · Decided March 1, 1940 · Guerry, Broyles, MacIntyre
7 S.E.2d 610; 61 Ga. App. 804; 1940 Ga. App. LEXIS 272 (South Eastern Reporter, Second Series)

Jenkins v. National Union Fire Insurance Co.

Opinion of the Court

Guerry, J.

This is a suit on a fire-insurance policy. At the completion of the evidence the judge directed a verdict for the defendant. The defendant pleaded a violation of the clause in the policy providing that same should be void “if the interest of the insured be other than unconditional and sole ownership.” The evidence demanded a finding that as a matter of fact there was an outstanding security deed to the land on which the building was located, in favor of a third person. There was no evidence sufficient to show any waiver of this condition and the verdict directed was demanded by the evidence.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concwr.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.