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AULD v. SPRATLIN, HARRINGTON & COMPANY, INC. et al.
52579.
WEBB, Judge.
Action on policy. Fulton Civil Court. Before Judge Wright.
Auld sued defendant insurance agents alleging that they negligently failed to renew an insurance policy contrary to the agreement between them. The trial court, sitting without a jury, gave judgment for defendants, reciting as one of the findings of fact that "There was no evidence to show any contract or binding obligation on the part of either defendant to renew insurance coverages on plaintiff's separate properties when the preceding insurance policies expired." The conclusions of law were that plaintiff's own negligence was the proximate cause of his loss; that the evidence was insufficient to show that any of the defendants were negligent; that the omission to renew the insurance was due to a nonnegligent error; and that there was no contract between plaintiff and defendants obligating defendants to renew the coverage, either as plaintiff's agents or otherwise. Auld appeals, taking no issue with any finding of fact as being unsupported by the evidence, or with any conclusion of law as being unsupported by any fact found, but urging that the judgment was erroneous "as a matter of law." Held:
Mayson, 124 Ga. App. 775, 777 (186 SE2d 154) (1971).
Hugh E. Wright, for appellees.
Moulton, Carriere, Cavan & Maloof, J. Wayne Moulton, for appellant.
SUBMITTED SEPTEMBER 13, 1976 -- DECIDED SEPTEMBER 22, 1976.
Thursday July 24 15:38 CDT


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