O.C.G.A.

O.C.G.A. § 33-32-3 (2019)

Privilege of rebuilding or reinstating property sustaining loss or damage

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The privilege of rebuilding or reinstating property sustaining loss or damage shall not exist unless it is reserved in the policy.

History

Orig. Code 1863, § 2766; Code 1868, § 2774; Code 1873, § 2816; Code 1882, § 2816; Civil Code 1895,

§ 2112; Civil Code 1910, § 2547; Code 1933, § 56-704; Code 1933, § 56-3204, enacted by Ga. L. 1960, p. 289, § 1.

Annotations

JUDICIAL DECISIONS Measure of damages. - In an action on a policy of insurance against windstorm damage to recover for injury to the roof of a building, which policy provided that the property was insured to the extent of the actual cash value with proper deductions for depreciation of the prop-

erty at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality, and that it should be optional with the company to repair, rebuild, or replace the property lost or damaged with other of like kind and quality,

the measure of damages was the reasonable cost of repair without any deduction for the difference in value between new

and old materials. North River Ins. Co. v. Godley, 55 Ga. App. 52, 189 S.E. 577 (1936).

RESEARCH REFERENCES ALR. - Insurer’s liability as affected by refusal of public authorities to permit reconstruction or repair after fire, 90 A.L.R.2d 790.

Necessity and manner of property insurer’s giving notice of exercising option to repair insured’s property, 98 A.L.R.2d 1319.

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Clary Et Al. v. Allstate Fire & Cas. Ins. Co., 795 S.E.2d 757 (Ga. Ct. App. 2017).

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Clary Et Al. v. Allstate Fire & Cas. Ins. Co., 795 S.E.2d 757 (Ga. Ct. App. 2017). · cites it 2× “2 See OCGA § 33-32-3 (explaining that the “privilege of rebuilding or reinstating property sustaining loss or damage shall not exist unless it is reserved in the policy”).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.