The defendant appeals from the grant of plaintiff's motion for summary judgment on the issue of liability. The plaintiff sought recovery on a fire insurance policy with the defendant insurance company which contended that it was not liable because the policy had been canceled before the loss occurred in February, 1975.
Upon thorough consideration of the record we agree with the ruling of the trial court that plaintiff was entitled to a summary judgment on the issue of liability. There was no cancellation of the original policy. See Ga. Farm Bureau Mut. Ins. Co. v. Gordon, 126 Ga. App. 215 (1) (190 SE2d 447)
; Republic Ins. Co. v. Cook, 129 Ga. App. 833 (1) (201 SE2d 668)
; Motors Ins. Corp. v. Roper, 136 Ga. App. 224
, 225 (221 SE2d 55
). Hence, the cancellation of another purported policy was of no effect.
ON MOTION FOR REHEARING.
It is argued that certain facts brought to the attention of the insured should have put him "on notice" that his first policy had been canceled. It is also urged that there is evidence the insurance company sent the second policy to the insured on November 25, 1974.