doctrines waiver (Georgia) · Go Syfert
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doctrines waiver in Georgia

8 Georgia opinions name it 2 courts 1959–2019 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Goldberg v. Kellygreen
scotus · 1970 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019But as the United States Supreme Court noted in Goldberg , "[t]he prosecution of an appeal demands a degree of security, awareness, tenacity, and ability which few dependent people have." 397 U.S. at 269, n.16 (II), 90 S.Ct. 1011 (citation and punctuation omitted).

2019But as the United States Supreme Court noted in Goldberg , "[t]he prosecution of an appeal demands a degree of security, awareness, tenacity, and ability which few dependent people have." 397 U.S. at 269, n.16 (II), 90 S.Ct. 1011 (citation and punctuation omitted).

22
Quillian v. Equitable Life Assurance Society of the United Statesgreen
gactapp · 1939 · cited in 2 Georgia opinions naming this issue, 1959–1984
2 sentences

1959The plaintiff ini error contends, however, that the doctrines of waiver or estoppel do not extend so as to make a new contract covering additional subject matter, causes of loss, or causes of loss expressly excluded from coverage of the policy (Quillian v. Equitable Life Assurance Society, 61 Ga. App. 138 (3), 6 S. E. 2d 108 ), and that, since persons over 65 are excluded from coverage by the terms of the policy, the act of the company in accepting the premiums cannot constitute a waiver so as to increase the coverage beyond that set out in the policy.

1959The plaintiff ini error contends, however, that the doctrines of waiver or estoppel do not extend so as to make a new contract covering additional subject matter, causes of loss, or causes of loss expressly excluded from coverage of the policy (Quillian v. Equitable Life Assurance Society, 61 Ga. App. 138 (3), 6 S. E. 2d 108 ), and that, since persons over 65 are excluded from coverage by the terms of the policy, the act of the company in accepting the premiums cannot constitute a waiver so as to increase the coverage beyond that set out in the policy.

12
Bennett v. Cottongreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015Bennett v. Cotton, 244 Ga. App. 784, 785 (1) ( 536 SE2d 802 ) (2000).

2015Bennett v. Cotton, 244 Ga. App. 784, 785 (1) ( 536 SE2d 802 ) (2000).

11
Jordan v. Flyntgreen
ga · 1977 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990Mrs. Bartow testified that it was immaterial to her which of the Millers made the payments since they both signed the contract, so clearly there was no reason for her to have objected, and “mere silence is not sufficient to establish a waiver unless there is an obligation to speak. [Cit.]” Jordan v. Flynt, 240 Ga. 359, 364 (3) (b), 366 ( 240 SE2d 858 ) (1977).

1990Mrs. Bartow testified that it was immaterial to her which of the Millers made the payments since they both signed the contract, so clearly there was no reason for her to have objected, and “mere silence is not sufficient to establish a waiver unless there is an obligation to speak. [Cit.]” Jordan v. Flynt, 240 Ga. 359, 364 (3) (b), 366 ( 240 SE2d 858 ) (1977).

11
Sargent v. Allstate Insurancegreen
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 1990–1990
2 sentences

1990Co., 165 Ga. App. 863, 865 ( 303 SE2d 43 ) (1983), appellant contends that, because under some circumstances the defense of noncoverage may be waived, see Prescott’s Altama Datsun v. Monarch Ins.

1990Co., 165 Ga. App. 863, 865 ( 303 SE2d 43 ) (1983), appellant contends that, because under some circumstances the defense of noncoverage may be waived, see Prescott’s Altama Datsun v. Monarch Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Prescott's Altama Datsun, Inc. v. Monarch Insurance green
gactapp · 1984
2 sentences

1994Co. of Ohio, 170 Ga. App. 545 ( 317 SE2d 845 ) (1984), wherein this court held that the doctrines of waiver and estoppel may not extend coverage under a liability insurance policy that expired prior to the occurrence of the claimed accident.

1994Co. of Ohio, 170 Ga. App. 545 ( 317 SE2d 845 ) (1984), wherein this court held that the doctrines of waiver and estoppel may not extend coverage under a liability insurance policy that expired prior to the occurrence of the claimed accident.

11994–1994
Prescott's Altama Datsun, Inc. v. Monarch Insurance green
ga · 1984
1 sentence

1990First, in Prescott’s the Supreme Court held that the defense of noncoverage, while not ordinarily subject to the doctrines of waiver and estoppel, “may be subject to the doctrine [s] where the insurer, without reserving its rights, assumes the defense of an action or continues such defense with knowledge, actual or constructive, of noncoverage, [cits.].” (Emphasis supplied.) Id. at 318 .

11990–1990

Where else courts name it

CA 54 (1919–2026) IL 51 (1960–2025) IN 29 (1986–2026) TX 21 (1968–2025) NY 19 (1938–2024) CO 18 (1971–2026) OR 14 (1994–2025) FL 14 (1963–2025) MO 14 (1965–2017) OH 12 (1997–2025) WI 11 (1966–2023) MS 11 (1960–2013) NE 11 (1889–2024) NC 9 (1973–2026) AR 8 (1969–2021) GA 8 (1959–2019) AZ 8 (1979–2023) WA 8 (1934–2026) PA 7 (1890–2016) OK 7 (1993–2018) MI 7 (1961–2020) MA 7 (1983–2025) UT 6 (1989–2025) ID 6 (1984–2025) WV 6 (1990–2026) CT 6 (1974–2005) MD 4 (1961–2001) NM 4 (1995–2021) SC 4 (2012–2023) WY 4 (1988–2019) MT 4 (1998–2021) ND 4 (1996–2022) NH 3 (1966–2003) TN 3 (1976–2012) KS 3 (1958–2019) DE 3 (2017–2022) VT 3 (2006–2019) NV 3 (1994–2013) HI 2 (2004–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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