DARNELL v. FIREMAN\'S FUND INSURANCE COMPANY., 64276#115 Ga. App. 367, 64276#154 SE2d 741 (1967)

Georgia Court Of Appeals

Status: ARGUED

Docket Number: 42638

Parts: EBERHARDT, Judge.

Linked as:

Summary

Judgment affirmed. Felton, C. J., and Hall, J., concur.

Summary

Judgment affirmed. Felton, C. J., and Hall, J., concur.

Text

Plaintiff filed suit January 5, 1966, alleging a loss occurring October 23, 1964, covered by a policy issued to him by the defendant. On the basis of a policy provision that no suit could be brought after twelve months from the inception of the loss a motion by defendant for summary judgment was granted and plaintiff appeals, urging that the twelve-month limitation contained in the policy is at variance with the statute of limitation as to simple contracts (six years) in Code 3-705. Held:

"This court has decided that a contract limitation upon the right to sue, fixing a shorter period than that allowed by statute, is lawful, 'provided the period fixed be not so unreasonable as to raise a presumption of imposition or undue advantage in some way.' " Melson v. Phenix Ins. Co. of Brooklyn, 110 Ga. App. 382 (138 SE2d 590); Niagara Fire Ins. Co. v. Powell, 113 Ga. App. 311 (147 SE2d 823). Moreover, Code Ann. 56-3201 provides for a standard form of policy to be prescribed by the Commissioner and the form prescribed, of which we may take judicial notice under 8 of the Administrative Procedure Act (Ga. L. 1964, p. 338; Ga. L. 1965, p. 283), specifically prescribes a period of twelve months next after inception of the loss within which a suit may be brought on the policy.

Brannon & Brannon, Everett C. Brannon, Jr., for appellant.

1967