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2018 Georgia Code 33-24-15 | Car Wreck Lawyer

TITLE 33 INSURANCE

Section 24. Insurance Generally, 33-24-1 through 33-24-98.

ARTICLE 1 GENERAL PROVISIONS

33-24-15. When policies or contracts become effective.

A policy of insurance or an annuity or endowment contract shall run from midday of the date of the policy or contract; and the time shall be calculated accordingly if the policy or contract is to be in force for a specified period of time unless the hour and minute of attachment of liability is specified.

(Orig. Code 1863, § 2773; Code 1868, § 2781; Code 1873, § 2823; Code 1882, § 2823; Civil Code 1895, § 2119; Civil Code 1910, § 2501; Code 1933, § 56-910; Code 1933, § 56-2429, enacted by Ga. L. 1960, p. 289, § 1.)

JUDICIAL DECISIONS

Section is inapplicable if contract fixes time.

- This section is not applicable when the parties to the contract make provision as to the time of the commencement of the risk. Metropolitan Life Ins. Co. v. Thompson, 20 Ga. App. 706, 93 S.E. 299 (1917), later appeal, 23 Ga. App. 421, 98 S.E. 399 (1919), 25 Ga. App. 125, 103 S.E. 424 (1920).

Section is part of policy if contract is silent.

- If no time for the commencement of the risk is fixed in the contract of insurance, the provisions of this section are to be read into the policy as a term thereof, and the policy runs from midday of the date thereof. Metropolitan Life Ins. Co. v. Thompson, 20 Ga. App. 706, 93 S.E. 299 (1917), later appeal, 23 Ga. App. 421, 98 S.E. 399 (1919), 25 Ga. App. 125, 103 S.E. 424 (1920) (decided under former Civil Code 1910, § 2501); Pilgrim Health & Life Ins. Co. v. Milledge, 107 Ga. App. 77, 129 S.E.2d 80 (1962);.

Policy cannot be basis for action on loss before policy's date.

- Policy of life insurance bearing a given date, and purporting to insure for the future only, cannot be made the basis of an action to recover for a loss occurring on a prior date. Pilgrim Health & Life Ins. Co. v. Milledge, 107 Ga. App. 77, 129 S.E.2d 80 (1962).

Equitable power is needed to reform date.

- Policy of insurance bearing a given date, and purporting to insure for the future only, cannot be made the basis of an action to recover for a loss occurring upon a prior date; and if for any reason such policy is subject to reformation as to date, the policy can be reformed only in a court having the power to grant affirmative equitable relief in such matters. Fowler v. Preferred Accident Ins. Co., 100 Ga. 330, 28 S.E. 398 (1897).

Cited in Sorrow v. Southland Ins. Co., 112 Ga. App. 446, 145 S.E.2d 608 (1965); Robertson v. Southland Life Ins. Co., 130 Ga. App. 807, 204 S.E.2d 505 (1974).

RESEARCH REFERENCES

ALR.

- Date from which life insurance premium periods are to be computed, 32 A.L.R. 1253; 80 A.L.R. 957; 111 A.L.R. 1420; 169 A.L.R. 290.

Death of insured or other loss pending application not effectively granted, for reinstatement of life or accident insurance, after lapse, 105 A.L.R. 478; 164 A.L.R. 1057.

Due date of premium or date of expiration of grace period as commencement of period of extended insurance, 106 A.L.R. 1276.

Antedating policy of insurance as affecting liability for loss that had already occurred, 132 A.L.R. 1325.

Inclusion or exclusion of first or last day in computing period of time prescribed by insurance contract, 137 A.L.R. 1155.

Temporary life, accident, or health insurance pending approval of application or issuance of policy, 2 A.L.R.2d 943.

Stipulated period of time coverage of insurance policy as affected by countersigning subsequent to specified commencement date, 22 A.L.R.2d 984.

Rights and remedies arising out of delay in passing upon application for insurance, 32 A.L.R.2d 487.

Computation of time with respect to fractions of days, in determining duration and termination of risk under accident, health, or hospital policy, 38 A.L.R.2d 768.

Effective date of life, health or accident insurance policy, as between premium date stated in policy and later date either of approval, acceptance, or delivery of policy, or of payment of premium, 44 A.L.R.2d 472; 37 A.L.R.3d 933.

Calculation of newborn child's age for purposes of life insurance policy requiring that specified age be reached before coverage begins, 37 A.L.R.3d 1448.

Event triggering liability insurance coverage as occurring within period of time covered by liability insurance policy where injury or damage is delayed - Modern cases, 14 A.L.R.5th 695.

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