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Lawskills.com Georgia Caselaw
ALLSTATE INSURANCE COMPANY v. WALKER.
42361.
JORDAN, Judge.
Action on insurance policy. DeKalb Civil and Criminal Court. Before Judge Morgan.
1. " 'The doctrines of implied waiver and of estoppel, based upon the conduct or action of insurer, are not available to bring within the coverage of a policy risks not covered by its items, or risks expressly excluded therefrom . . .' 29 AmJur 690, Insurance, 903; Quillian v. Equitable Life Assur. Society, 61 Ga. App. 138 (3) (6 SE2d 108); Life & Casualty Ins. Co. v. Williams, 200 Ga. 273 (36 SE2d 753, 161 ALR 686); Doubrly v. Carolina Life Ins. Co., 58 Ga. App. 178 (198 SE 76); Life & Cas. Ins. Co. v. Carter, 55 Ga. App. 622 (191 SE 153), affirmed in 185 Ga. 746 (196 SE 415)." Reserve Life ins. Co. v. Ramsey, 98 Ga. App. 732, 733 (2) (106 SE2d 820). Also see Wise v. Royal Ins. Co., 32 Ga. App. 719 (2) (124 SE 556), and Hartford Fire Ins. Co. v. Garrett, 60 Ga. App. 816 (5 SE2d 276).
2. As the petition as finally amended fails to disclose any right of recovery except in a manner not available to insured, by application of the doctrine of estoppel to the representations of insurer through its agents that coverage included a house trailer and its contents, i.e., a dwelling and its contents otherwise not within the terms of the policy, the trial judge erred in overruling the renewed general demurrer to the petition. This being controlling, it is unnecessary to consider the other enumerated errors.
Gambrell, Harlan, Russell & Moye, Edward W. Killorin, W. Wray Eckl, for appellant.
ARGUED OCTOBER 5, 1966 -- DECIDED DECEMBER 2, 1966.
Friday May 22 19:52 EDT


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