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2018 Georgia Code 33-32-3 | Car Wreck Lawyer

TITLE 33 INSURANCE

Section 32. Property Insurance, 33-32-1 through 33-32-6.

ARTICLE 2 PREFERRED PROVIDER ARRANGEMENTS

33-32-3. Privilege of rebuilding or reinstating property sustaining loss or damage.

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

(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.)

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 property 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.

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