Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1873, § 2794; former Civil Code 1895, § 2089; former Civil Code 1910, §§ 2404, 2470; and former Code 1933, §§ 56-213, 56-801, repealed by Ga. L. 1960, p. 289, enacting this title, are included in the annotations for this Code section.

Issuance of endorsement adding automobile is issuance of policy.

- Issuance of an endorsement which designates an additional automobile to be covered by automobile liability insurance under the provisions of a policy previously issued effects insurance with respect to the additional automobile and therefore constitutes the issuance of a policy within the meaning of the terms of O.C.G.A. § 33-7-11. Gulf Am. Fire & Cas. Co. v. McNeal, 115 Ga. App. 286, 154 S.E.2d 411 (1967).

Contract of insurance, to be binding, must be in writing. Hartford Fire Ins. Co. v. Garrett, 60 Ga. App. 816, 5 S.E.2d 276 (1939) (decided under former Code 1933, § 56-213).

Contracts of insurance must be in writing. Underwriters' Agency v. Seabrook, 49 Ga. 563 (1873) (decided under former Civil Code 1973, § 2794).

Law of this state expressly requires a contract of fire insurance to be in writing, and such contract is not valid unless the contract is in writing. Athens Mut. Ins. Co. v. Evans, 132 Ga. 703, 64 S.E. 993 (1909), later appeal, 136 Ga. 584, 71 S.E. 892 (1911); Sparks v. National Union Fire Ins. Co., 23 Ga. App. 38, 97 S.E. 462 (1918) (decided under former Civil Code 1910, §§ 2404, 2470).

If a fidelity insurance business is carried on by a domestic company, its policies must be in writing. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, § 2470).

When the insurer is a resident or nonresident corporation, a contract of fidelity insurance must be in writing, under the laws of this state. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, § 2470).

Whether contract is issued on cash or credit basis.

- Rule that a policy of insurance shall be in writing and signed by the insurer applies to contracts issued upon a cash basis as well as to those issued upon a credit basis, if such there may be. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, § 2470).

Contract cannot be partly in parol.

- As the law of this state requires that a contract for fire insurance shall be in writing, such a contract cannot be made partly in writing and partly in parol. Athens Mut. Ins. Co. v. Evans, 132 Ga. 703, 64 S.E. 993 (1909), later appeal, 136 Ga. 584, 71 S.E. 892 (1911); Sparks v. National Union Fire Ins. Co., 23 Ga. App. 38, 97 S.E. 462 (1918) (decided under former Civil Code 1910, §§ 2404, 2470).

Contract of insurance cannot be partly in writing and partly in parol. Hartford Fire Ins. Co. v. Garrett, 60 Ga. App. 816, 5 S.E.2d 276 (1939) (decided under former Code 1933, § 56-213).

Contracts for insurance must be in writing and may not be partially parol. Atlanta Metro Taxicab Group, Inc. v. Bekele, 154 Ga. App. 831, 269 S.E.2d 902 (1980).

Agent's statement and alleged oral contract cannot change written contract.

- Statement of the agent and an alleged contract, which is oral in nature, cannot and does not operate to affect, modify, or change a written certificate of insurance and enrollment-record card as to the effective date of the coverage. Federated Mut. Implement & Hdwe. Ins. Co. v. Barker, 123 Ga. App. 259, 180 S.E.2d 559 (1971).

Assignment must be written.

- As an assignment of an insurance policy with the assent of the company is a new contract of insurance between the company and the assignee, the contract must be in writing. St. Paul Fire & Marine Ins. Co. v. Brunswick Grocery Co., 113 Ga. 786, 39 S.E. 483 (1901) (decided under former Civil Code 1895, § 2089).

To vest the legal title to a policy of life insurance in an assignee, it is essential that the assignment should be in writing. Steele v. Gatlin, 115 Ga. 929, 42 S.E. 253 (1902); Sprouse v. Skinner, 155 Ga. 119, 116 S.E. 606 (1923) (decided under former Civil Code 1910, § 2470).

Action cannot be maintained upon a parol renewal of an insurance policy. Nowell v. Mayor of Monroe, 117 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, § 2470).

Dismissal

- Action on a parol renewal of an insurance policy is demurrable (now subject to motion to dismiss). Roberts v. Germania Fire Ins. Co., 71 Ga. 478 (1883) (decided under former Civil Code 1873, § 2794).

Agreement to alter insurance contract must be written.

- Agreement to alter a contract of fire insurance must be in writing. Simonton, Jones & Hatcher v. Liverpool, London & Globe Ins. Co., 51 Ga. 76 (1874) (decided under former Civil Code 1873, § 2794) Mitchell v. Universal Life Ins. Co., 54 Ga. 289 (1875); Augusta S.R.R. v. Smith & Kilby Co., 106 Ga. 864, 33 S.E. 28 (1899) (decided under former Civil Code 1873, § 2794) Lippman v. Aetna Ins. Co., 108 Ga. 391, 33 S.E. 897, 75 Am. St. R. 62 (1899); Roberts v. Germania Fire Ins. Co., 71 Ga. 478 (1883) (decided under former Civil Code 1873, § 2794);(decided under former Civil Code 1873, § 2794);(decided under former Civil Code 1895, § 2089).

Later-added vehicle part of original policy.

- Because the insurance coverage for the vehicle the claimant was driving at the time of the accident was intended to be part of the original policy, did not constitute a new policy, and was simply added to the existing automobile coverage, the insurer was not required to notify the insured of the change in the law or to secure a separate uninsured motorist election at the time the vehicle was added to the policy. Soufi v. Haygood, 282 Ga. App. 593, 639 S.E.2d 395 (2006).

Contract may be supplemented by terms of subsequent note.

- Contract for life insurance, as expressed in the policy issued by a company to an individual, may be supplemented by a subsequent contract between the parties, expressed in a promissory note given by the insured to the insurer for a premium on the policy and providing for a termination of all rights under the policy for nonpayment of the note, although the policy contains no such provision. State Life Ins. Co. v. Tyler, 147 Ga. 287, 93 S.E. 415, answers conformed to, 21 Ga. App. 80, 94 S.E. 59 (1917) (decided under former Civil Code 1910, § 2470).

Policy or attachment must show intent to make attachment part of contract.

- Complete absence or insufficiency of reference in the policy proper to the attached paper, or vice versa, so that there can be no certainty that the parties intended the attached paper to become a part of the whole contract of insurance, precludes the attachments' inclusion or construction in connection with the policy. Georgia Int'l Life Ins. Co. v. King, 120 Ga. App. 682, 172 S.E.2d 167 (1969).

Condition and stipulations printed on the back of a fire insurance policy and not mentioned or referred to on the face of the policy are not part of the policy or binding on the assured. Smyly v. Globe & Rutgers Fire Ins. Co., 28 Ga. App. 776, 113 S.E. 220 (1922), rev'd on other grounds, 155 Ga. 547, 117 S.E. 819, former judgment vacated, 30 Ga. App. 620, 118 S.E. 766 (1923) (decided under former Civil Code 1910, § 2470).

Premium need not be paid in cash.

- It is not essential to the validity of a policy of fire insurance, issued in renewal of one previously taken out by the insured, that the insured should pay in cash the renewal premium, provided the agent of the company, with the company's express or implied assent, pays or undertakes to become responsible to the company for such premium, in order that credit may be extended to the insured. Mechanics & Traders Ins. Co. v. Mutual Real Estate & Bldg. Ass'n, 98 Ga. 262, 25 S.E. 457 (1896); Fireman's Fund Ins. Co. v. Pekor, 106 Ga. 1, 31 S.E. 779 (1898) (decided under former Civil Code 1895, § 2089).

Part performance.

- Although a person who owned a taxi and claimed that the taxi was insured did not produce a written insurance policy, there was evidence that the owner had an oral agreement with an insurance company and paid premiums to the company, and that evidence supported a jury's findings that the taxi was insured by the company and that the company exercised bad faith when the company refused to settle an injured party's claim against the owner. VFH Captive Ins. Co. v. Cielinski, 260 Ga. App. 807, 581 S.E.2d 335 (2003).

Cited in Andrews v. Georgia Mut. Ins. Co., 110 Ga. App. 92, 137 S.E.2d 746 (1964); Brown v. Five Points Parking Ctr., 121 Ga. App. 819, 175 S.E.2d 901 (1970); Hawkins Iron & Metal Co. v. Continental Ins. Co., 128 Ga. App. 462, 196 S.E.2d 903 (1973); National Indemn. Co. v. Berry, 136 Ga. App. 545, 221 S.E.2d 624 (1975); Dunham v. Grange Mut. Cas. Co., 176 Ga. App. 263, 335 S.E.2d 666 (1985); Stryker v. City of Atlanta, 738 F. Supp. 1423 (N.D. Ga. 1990).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 56-2402 and 56-2410 are included in the annotations for this Code section.

Resolution delivered with policy is part thereof.

- Resolution by the board of directors of a life insurance company delivered to the assured along with the policy of insurance constitutes a rider to and basic part of the policy and must be filed with the Commissioner of the Insurance Department and approved by the Commissioner before being issued by an insurance company, as is required by former Code 1933, § 56-2410 (see O.C.G.A. § 33-24-9(a)). 1963-65 Op. Att'y Gen. p. 304(decided under former Civil Code 1933, §§ 56-2402 and 56-2410).

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 162, 826.

C.J.S.

- 44 C.J.S., Insurance, § 1 et seq. 45 C.J.S., Insurance, § 650 et seq.

ALR.

- Insurance: provision against change in interest, title, or possession as affected by a deed or other instrument which was merely colorable or not delivered, 7 A.L.R. 1608.

Insurance: including tax in assessment or premium, 12 A.L.R. 765.

Oral contracts of insurance, 15 A.L.R. 995; 69 A.L.R. 559; 92 A.L.R. 232.

Date from which life insurance premium periods are to be computed, 80 A.L.R. 957; 111 A.L.R. 1420; 169 A.L.R. 290.

When payment of insurance premiums or assessments deemed involuntary so as to permit their recovery back, 86 A.L.R. 388.

Noncompliance with statutory requirement that insurance policy contain entire contract, or that application be attached incorporated in, endorsed upon, or delivered with, the policy as affecting right of insurer to show initial fraud or misrepresentation by insured, 93 A.L.R. 374.

Acceptance by insurance agent of something other than money or insured's money obligation in payment of premium, 93 A.L.R. 654.

Unsigned riders or slips physically attached to policy, or unsigned endorsements on policy, as part of insurance contract, 128 A.L.R. 1034.

Liability of policyholders in mutual insurance companies to assessments, 137 A.L.R. 945.

Necessity of specific allegation of consideration in action upon insurance policy, 153 A.L.R. 1406.

Effect of stamped or printed matter outside of body of insurance policy, 168 A.L.R. 555.

Consideration for rider, endorsement, or other modification of insurance policy to change risks covered, 52 A.L.R.2d 826.

Construction of insurance agency or brokerage contract dealing with computation of commissions on renewal premiums, 78 A.L.R.2d 760.

Insurance: sufficiency of insurer's compliance with statutory requisites as to attaching copy of application to, or making it part of policy, 18 A.L.R.3d 760.