Categories: Georgia Court of Appeals Opinions

DARNELL v. FIREMAN’S FUND INSURANCE COMPANY, 115 Ga. App. 367 (1967)

154 S.E.2d 741

DARNELL v. FIREMAN’S FUND INSURANCE COMPANY.

42638.Court of Appeals of Georgia.ARGUED MARCH 6, 1967.
DECIDED MARCH 9, 1967.

EBERHARDT, Judge.

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, 97 Ga. 722
(25 S.E. 189). A limitation of six months was sustained in Brown v. Savannah Mutual Ins. Co., 24 Ga. 97, and a twelve-months limitation was sustained in Underwriters’ Agency v. Sutherlin, 55 Ga. 266; Sovereign Camp W. O. W. v. Gunter, 59 Ga. App. 189 (1) (200 S.E. 181); Springfield Fire Marine Ins. Co. v. Carter, 110 Ga. App. 382 (138 S.E.2d 590); Niagara Fire Ins. Co. v. Powell, 113 Ga. App. 311
(147 S.E.2d 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.