Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1910, §§ 2022, 2089, 2470, and 2499, and former Code 1933, §§ 56-213, 56-801, and 56-911, are included in the annotations for this Code section.

Insurance contract must be wholly in writing and not partly in parol. Jacobs v. Merchants Fire Assurance Corp., 99 F.2d 655 (5th Cir. 1938), cert. denied, 306 U.S. 654, 59 S. Ct. 643, 83 L. Ed. 1052 (1939) (decided under former Code 1933, § 56-213).

Contract of insurance must be in writing in order to be valid, and is not enforceable when the contract is partly in writing and partly in parol. Electric City Lumber Co. v. New York Underwriters' Ins. Co., 43 Ga. App. 355, 158 S.E. 620 (1931) (decided under former Civil Code 1910, §§ 2022, 2089).

Contract for fire insurance cannot be made partly in writing and partly in parol. Newark Fire Ins. Co. v. Smith, 176 Ga. 91, 167 S.E. 79 (1932) (decided under former Civil Code 1910, § 2470).

Writing must express the essentials of the insurance contract. Jacobs v. Merchants Fire Assurance Corp., 99 F.2d 655 (5th Cir. 1938), cert. denied, 306 U.S. 654, 59 S. Ct. 643, 83 L. Ed. 1052 (1939) (decided under former Code 1933, § 56-213).

Contract of fire insurance is invalid if the contract is silent as to duration of risk. J.T. Knight & Son v. Superior Fire Ins. Co., 80 F.2d 311 (5th Cir. 1935), cert. denied, 298 U.S. 654, 56 S. Ct. 674, 80 L. Ed. 1381 (1936) (decided under former Code 1933, § 56-213).

Fidelity insurance policies must be in writing.

- If a fidelity insurance business is carried on by a domestic company, its policies must be in writing as required by former Civil Code 1910, § 2499 (see O.C.G.A. § 33-24-18) and former Civil Code 1910, §§ 2404 and 2470 (see O.C.G.A. §§ 33-24-1 and33-24-13). Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933).

Whether the insurer is a resident or nonresident corporation, a contract of fidelity insurance 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).

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. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933).

Action cannot be maintained upon a parol renewal of an insurance policy. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933).

Requirement that contract be in writing unalterable by custom.

- While insurance companies are bound to know customs of places where the companies transact business and are assumed to have made the companies' contracts with reference thereto, and while the custom of any business or trade is binding between contracting parties when it is of such universal practice as to justify the conclusion that it became by implication a part of the contract, the statutory requisite that contracts of insurance be in writing, setting forth all material elements of a contract of insurance before such a contract is enforcible, may not be obliterated by custom. Peninsular Life Ins. Co. v. Downard, 99 Ga. App. 509, 109 S.E.2d 279 (1959) (decided under former Code 1933, §§ 56-801, 56-911).

Contract for fire insurance which expresses no time for risk to continue is too vague and uncertain to be treated as complete; such a contract is not "consummated." Newark Fire Ins. Co. v. Smith, 176 Ga. 91, 167 S.E. 79 (1932) (decided under former Civil Code 1910, § 2470).

When an instrument declared on as a contract of fire insurance is silent as to the duration of the risk and when the defendant is insisting that the alleged contract is invalid because the period of the risk is not stated in the writing, it is not permissible for the plaintiff to supply this element by allegation and proof of a general custom covering such matter. Newark Fire Ins. Co. v. Smith, 176 Ga. 91, 167 S.E. 79 (1932) (decided under former Civil Code 1910, § 2470).

Insurance contract which does not say what risks are insured against is insufficient. Jacobs v. Merchants Fire Assurance Corp., 99 F.2d 655 (5th Cir. 1938), cert. denied, 306 U.S. 654, 59 S. Ct. 643, 83 L. Ed. 1052 (1939) (decided under former Code 1933, § 56-213).

Parol evidence as to what was said by parties at time of execution.

- If the writing is unambiguous, parol evidence as to what was said by the parties at the time the writing was executed will not be admitted to vary or alter the terms of the writing. Mitchener v. Union Cent. Life Ins. Co., 185 Ga. 194, 194 S.E. 530 (1937); Fowler v. Liberty Nat'l Life Ins. Co., 73 Ga. App. 765, 38 S.E.2d 60 (1946) (decided under former Code 1933, §§ 56-801, 56-911).

Memorandum or binder petition is not effective as a contract of insurance if such elements of the contract as the period of the risk and the premium to be paid are understood between the parties to the contract, though not stated in any writing between the parties. J.T. Knight & Son v. Superior Fire Ins. Co., 80 F.2d 311 (5th Cir. 1935), cert. denied, 298 U.S. 654, 56 S. Ct. 674, 80 L. Ed. 1381 (1936) (decided under former Code 1933, § 56-213).

Policy cancelled in accordance with policy's terms at time of accident.

- When there is evidence that at the time of an automobile collision a policy of insurance which had previously covered the automobile had been cancelled in accordance with the policy's terms, a verdict finding no liability on the policy is authorized. Carroll v. Garlington-Hardwick Co., 79 Ga. App. 708, 54 S.E.2d 441 (1949) (decided under former Code 1933, § 56-213).

Cited in Sollek v. Laseter, 126 Ga. App. 137, 190 S.E.2d 148 (1972).

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 162.

Avoiding the "Business Pursuits" Exclusion - Insured's Activity as Not Business Pursuit, 15 POF3d 515.

Avoiding the "Business Pursuits" Exclusion - Insured's Activity as Ordinarily Incident to Nonbusiness Pursuits, 16 POF3d 355.

C.J.S.

- 44 C.J.S., Insurance, § 394 et seq. 46A C.J.S., Insurance, § 2233 et seq.

ALR.

- Validity of option provisions in life insurance policy which vary from the statutory provisions, 26 A.L.R. 103; 115 A.L.R. 1389.

Accident insurance: provision for reduced indemnity for injury while doing act pertaining to more hazardous occupation, 26 A.L.R. 123.

Insurance: applicability of provisions as to injuries intentionally inflicted, where insured is injured because of mistake of identity, 26 A.L.R. 129.

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.

Criterion of health for purposes of warranty or condition in insurance contract, 40 A.L.R. 662; 100 A.L.R. 362.

"Permanent disability" within insurance policy as confined to disability lasting until death, 40 A.L.R. 1386; 97 A.L.R. 126.

Incontestable clause as affecting failure to comply with provisions as to proofs of loss, 41 A.L.R. 382.

Validity and enforceability of contractual stipulation for payment of additional amount in case of delay in payment of insurance dues, premiums, or assessments, 41 A.L.R. 979.

Purchase of property by mortgagee or holder of mortgage securities as breach of condition against sale or change of title in insurance policy with mortgage clause, 45 A.L.R. 597.

Provision in accident insurance policy in relation to train wreck, 51 A.L.R. 1331.

Right to proceeds of insurance where loss occurs after mortgage foreclosure sale, but during redemption period, 52 A.L.R. 898.

Provision for prorating as applicable where buildings owned by the same person having a wall in common are covered by different policies, 54 A.L.R. 88.

Validity, construction, and effect of stipulation in application or policy of insurance waiving privilege as to communication to or testimony by physician, 54 A.L.R. 412.

Construction and effect of provisions as to age, or employment as affected by age, in policy insuring employer against liability, 59 A.L.R. 300.

Meaning of "personal representative," "lawful representative," or term of similar import, in insurance policy bond, or other contract, 59 A.L.R. 838.

Construction and effect of provisions in automobile insurance policies as to location or place of keeping, 61 A.L.R. 312.

Reasonableness of insurer's demand for production of books or papers as regards time or place of production, 63 A.L.R. 510.

Outstanding interest in one to whom loss is payable as ground of forfeiture under condition on insurance policy respecting title or encumbrances, 65 A.L.R. 913.

Rider or provision protecting insured during interim or short-term period as affecting inception of risk under main policy of life insurance, 71 A.L.R. 1378.

Liability insurance: construction and operation of clause in liability or indemnity policies prohibiting assured from assuming liability, incurring expense, settling claims, or interfering with insurer's conduct of defense or settlement, 71 A.L.R. 1378.

Automobile insurance: policy obtained by mortgagee or conditional vendor of car as other or additional insurance with clause against such insurance in policy obtained by mortgagor or conditional vendee and vice versa, 76 A.L.R. 1174.

Constitutionality of compulsory arbitration or appraisal provision of standard policy, 77 A.L.R. 619.

War risk life and disability insurance, 81 A.L.R. 933.

Incontestable clause as affecting provisions of policy exempting insurer or limiting its liability while insured is engaged in particular occupation, 85 A.L.R. 317.

Custom or practice as regards duration of insurance risk as supplying omission in written policy in that regard, 85 A.L.R. 1334.

Time of operation of suicide clause as affected by reinstatement of policy, 98 A.L.R. 344.

Consequential damages suffered by one person on account of bodily injuries to or death of another as within coverage of indemnity or liability policy or bond, 105 A.L.R. 1024.

Change in, renewal of, or substitution for original policy of life insurance as affecting time limitation prescribed by original policy in respect of defenses available to insurer, 110 A.L.R. 1139.

Adjustment of loss by agreement between mortgagor and insurer as affecting mortgagee under loss payable clause, 111 A.L.R. 697.

Equity jurisdiction for cancelation of insurance policy upon ground within incontestable clause prior to termination of period, 111 A.L.R. 1275.

Election of option under insurance policy where person otherwise entitled to make it is dead, incompetent, or an infant, 112 A.L.R. 1063; 127 A.L.R. 454; 136 A.L.R. 1045.

Constitutionality, construction, and application of statutes relating to contractual time limitation provisions of insurance policies, 112 A.L.R. 1288.

Right of insured or beneficiary to enforce a policy provision more favorable to him than the standard policy; or to have policy reformed so as to include such a provision, 113 A.L.R. 773.

What constitutes a "riot," "civil commotion," etc., within provisions of insurance policy, 121 A.L.R. 250.

Liability or indemnity insurance: clause with respect to notice of accident, claim, etc., or with respect to forwarding papers, 123 A.L.R. 950; 18 A.L.R.2d 443.

Sufficiency of bookkeeping to satisfy condition of insurance policy, 125 A.L.R. 350.

Applicability of option provisions to double indemnity and disability features of life or accident insurance, 128 A.L.R. 552.

Validity of provisions for extended or paid-up insurance loan and surrender value of endowment provisions in life policies with assessment feature, 128 A.L.R. 639.

Construction and application of provisions of liability or indemnity policy regarding injury or death incident to construction, repairs, alterations, demolition, or wrecking of structure, or installation of elevators or other equipment, 130 A.L.R. 239.

Grace period for payment of insurance premiums as applicable to premium notes, extension agreements, or supplemental agreements for instalment payments, 131 A.L.R. 744.

Insurer's right of subrogation to insured's claim against wrongdoer as affected by existence of defense, or possibility of defense, to action on policy, 138 A.L.R. 1170.

Notice to insured of insufficiency to meet premiums of cash or loan value, reserve, or dividends, 140 A.L.R. 683.

Provision in fire insurance policy against other insurance as applied to property owned jointly or by cotenants, 143 A.L.R. 425.

Scope and application of exceptions as regards carrying passengers in policies of automobile insurance, 147 A.L.R. 632.

Suspension of contestable period of incontestable clause of life insurance policy pending appointment of personal representative of insured or of beneficiary, 157 A.L.R. 1204.

Provision of life insurance policy limiting insurer's liability number under specified conditions to return of premium as subject to waiver or estoppel by reason of agent's knowledge of breach of condition respecting insured's health, 163 A.L.R. 691.

Increase or renewal of mortgage debt without insurer's consent as violation of policy provision as to mortgages or encumbrances, 163 A.L.R. 1402.

Insurance: facility of payment clause, 166 A.L.R. 10.

Disability from use of intoxicants or drugs as within meaning of disability provision of insurance policy, 166 A.L.R. 833.

"Violation of law" clause in life or accident policy as requiring causative connection between violation of law by insured and his death or injury, 166 A.L.R. 1118.

Compliance with requirements of insurance policy as to proof of death by accident, 170 A.L.R. 1262.

Who is member of insured's "family" or "household" within coverage of property insurance policy, 1 A.L.R.2d 561.

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

Automobile liability insurance: permission or consent to employee's use of car within meaning of omnibus coverage clause, 5 A.L.R.2d 600.

Incontestable clause as applicable to suit to reform insurance policy, 7 A.L.R.2d 504.

Construction and application of provision of insurance policy excepting from coverage loss or damage caused by dishonesty of employee, 12 A.L.R.2d 236.

Liability insurance: clause with respect to notice of accident or claim, etc., or with respect to forwarding suit papers, 18 A.L.R.2d 443.

Construction of clause of automobile liability policy excluding coverage in case of "commercial" use, 18 A.L.R.2d 719.

Requirement of disability policy as to proof of disability before reaching specified age as barring recovery where disability occurs before, but proof is made after, attainment of such age, 18 A.L.R.2d 1061.

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

Revival of theft provision of insurance policy suspended for breach of condition or warranty, 31 A.L.R.2d 849.

What constitutes "jewelry" within coverage or exceptions of personal property insurance policy, 40 A.L.R.2d 871.

Insured's discontinued breach of warranty relating to use or keeping of prohibited articles as barring recovery on fire policy, 44 A.L.R.2d 1048.

Amount recoverable under loss of member or vision clauses of accident insurance, 44 A.L.R.2d 1233.

Liability for additional annual or periodic life insurance premium where insured dies on premium due date, 45 A.L.R.2d 1264.

Rights in proceeds of vehicle collision policy, under "loss-payable" clause, of conditional seller, chattel mortgagee, or the like, of vehicle where there has been improper repossession or foreclosure after the damage, 46 A.L.R.2d 992.

Apportionment of liability between automobile liability insurers one or more of whose policies provide against any liability if there is other insurance, 46 A.L.R.2d 1163.

Automobile insurance: omnibus clause exception relating to public garages, sales agencies, service stations, and the like, 47 A.L.R.2d 556.

Requirement of accident policy or clause that there be some external or visible evidence of collision or accident on the motor vehicle in which insured was riding, 47 A.L.R.2d 1248.

Clause in health and accident, or similar, policy reducing amount of, or terminating, periodic payments after insured reaches specified age, as applicable to disability incurred before such age was reached, 53 A.L.R.2d 552.

Mortgage, lien, or other encumbrance as constituting increase of hazard so as to avoid fire or other property insurance policy, 56 A.L.R.2d 422.

Test or criterion of "actual cash value" under insurance policy insuring to extent of actual cash value at time of loss, 61 A.L.R.2d 711.

Motor vehicle theft policy: clause with respect to notice of loss, 66 A.L.R.2d 1280.

Time of disability or death with regard to termination of coverage under group policy, 68 A.L.R.2d 150.

Coverage and exceptions in beauty shop liability policy, 77 A.L.R.2d 1258.

Scope and application of provisions of accident policy, or accident feature of life policy, relating to accident in connection with automobile or other motor vehicle, 78 A.L.R.2d 1044.

Construction of terms "in transit," "transportation," and the like, within coverage or exclusion clauses of insurance policy, 80 A.L.R.2d 445.

Payments on other than annual basis as satisfying provision for increase of insurance benefits based on payment of premiums in advance, 83 A.L.R.2d 696.

Fracture or loss of member, or loss of sight, contemplated by accident policy or provision insuring against specific injury, 87 A.L.R.2d 481; 51 A.L.R.4th 156.

Provisions of burglary or theft policy as to "visible marks" or "visible evidence,", 99 A.L.R.2d 129.

Reformation of automobile liability insurance policy by adding to or substituting for the named insured the person intended to be insured, 1 A.L.R.3d 885.

Omnibus clause of automobile liability policy as covering accidents caused by third person who is using car with consent of permittee of named insured, 4 A.L.R.3d 10; 21 A.L.R.4th 1146.

Liability insurance: "accident" or "accidental" as including loss resulting from ordinary negligence of insured or his agent, 7 A.L.R.3d 1262.

Dividends as preventing lapse of policy for nonpayment of premiums, 8 A.L.R.3d 862.

Construction and application of provision in liability policy limiting the amount of insurer's liability to one person, 13 A.L.R.3d 1228.

Construction of incontestable clause applicable to disability insurance, 13 A.L.R.3d 1383.

Time within which demand for appraisal of property loss must be made, under insurance policy providing for such appraisal, 14 A.L.R.3d 674.

Property insurance, or public liability insurance, as covering, in absence of express provision, after-acquired premises or realty, or subsequent additions to described realty, 18 A.L.R.3d 795.

Provisions of burglary or theft policy requiring losses evidenced by "physical damage to premises,", 22 A.L.R.3d 1305.

Continuance or resumption of work as affecting finding of total or permanent disability within insurance coverage, 24 A.L.R.3d 8.

Property insurance: insured's ignorance of loss or casualty, cause of damage, coverage or existence of policy, or identity of insurer, as affecting or excusing compliance with requirements as to time for giving notice, making proof of loss, or bringing action against insurer, 24 A.L.R.3d 1007.

Uninsured motorist endorsement: validity and enforceability of provision for binding arbitration, and waiver thereof, 24 A.L.R.3d 1325.

Uninsured motorist insurance: reduction of coverage by amounts payable under medical expense insurance, 24 A.L.R.3d 1353.

Reformation of property insurance policy to correctly identify the person or interest insured, 25 A.L.R.3d 580.

Reformation of property insurance policy to correctly identify property insured, 25 A.L.R.3d 1232.

Injury or disability resulting from medical treatment for accident as proximately caused by original accident within coverage of accident or disability insurance, 25 A.L.R.3d 1386.

Construction and effect of "visible sign of injury" and similar clauses in accident provision of insurance policy, 28 A.L.R.3d 413.

Clause in life, accident, or health policy, covering missile or rocket work, 33 A.L.R.3d 694.

Recoverability, under property insurance or insurance against liability for property damage or insured's expenses to prevent or mitigate damages, 33 A.L.R.3d 1262.

Time when period provided for in suicide clause of life or accident policy begins to run, 37 A.L.R.3d 933.

Who is "executive officer" of insured within coverage of liability insurance policy, 39 A.L.R.3d 1434.

Conclusiveness of recitation, in delivered insurance policy, that initial premium has been paid, 44 A.L.R.3d 1361.

What constitutes "actual trial" under policy provision conditioning liability insurer's obligation upon determination of insured's liability by judgment after actual trial, 48 A.L.R.3d 1082.

Construction and application of clause excluding from coverage of liability policy "Completed Operations Hazards,", 58 A.L.R.3d 12.

What constitutes "collapse" of a building within coverage of property insurance policy, 71 A.L.R.3d 1072.

Doctrine of unconscionability as applied to insurance contracts, 86 A.L.R.3d 862.

Modern status of rules requiring liability insurer to show prejudice to escape liability because of insured's failure or delay in giving notice of accident or claim, or in forwarding suit papers, 32 A.L.R.4th 141.

Group insurance: construction, application, and effect of policy provision extending conversion privilege to employee after termination of employment, 32 A.L.R.4th 1037.

Partnership or joint venture exclusion in contractor's or other similar comprehensive general liability insurance policy, 57 A.L.R.4th 1155.

Who is "executive officer" of insured within liability insurance policy, 1 A.L.R.5th 132.

Uninsured and underinsured motorist coverage: enforceability of policy provision limiting appeals from arbitration, 23 A.L.R.5th 801.

Uninsured and underinsured motorist coverage: validity, construction, and effect of policy provision purporting to reduce coverage by amount paid or payable under workers' compensation law, 31 A.L.R.5th 116.

Construction and application of "business pursuits" exclusion provision in general liability policy, 35 A.L.R.5th 375.

Construction of incontestable clause applicable to disability insurance, 67 A.L.R.5th 513.