2021 Georgia Code
Title 33 - Insurance
Chapter 32 - Property Insurance


Cross references.

- Quarterly reports by fire insurance companies regarding losses sustained by them, and release by fire insurance companies of fire loss information upon official request, §§ 25-2-32,25-2-33.

Definition of property insurance, § 33-7-6.

Fair access to property insurance, T. 33, C. 33.

Insurance of state property, § 50-16-8 et seq.

Administrative Rules and Regulations.

- Property insurance regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Insurance Department, Subject 120-2-19.

Law reviews.

- For article surveying recent legislative and judicial developments regarding Georgia's insurance laws, see 31 Mercer L. Rev. 117 (1979).

RESEARCH REFERENCES

Recovery Under Property Insurance for Loss Due to Surface Water, Sewer Backup, and Flood, 48 POF3d 419.

Loss by Storm Damage Under Property Insurance, 49 POF3d 501.

ALR.

- Prorating provisions as applying to mortgagee, 1 A.L.R. 498; 72 A.L.R. 278.

Gasoline in automobile as violation of provision in fire insurance policy on building, 3 A.L.R. 798.

Construction of hail insurance policy, 4 A.L.R. 1298; 7 A.L.R. 373; 35 A.L.R. 267; 129 A.L.R. 1068.

Insurance: invalid or ineffective encumbrance as breach of condition against encumbrances, 13 A.L.R. 556.

Insurance: appointment of receiver, bankruptcy or insolvency proceedings, or assignment for benefit of creditors as change in interest, title, or possession within fire policy, 17 A.L.R. 382.

Insurance: effect of provision declaring loss, in case of mortgagee's interest, subject to all the terms and conditions of the policy, 19 A.L.R. 1449; 56 A.L.R. 850.

Provision in insurance policy as to means of extinguishing fire, 23 A.L.R. 27.

Effect on insurance of mere failure to disclose encumbrance on property, 28 A.L.R. 801.

Amount in case of partial loss of property insured under a proportional provision of statute or policy which provides in terms for full payment of amount of insurance in case of a total loss, 32 A.L.R. 651.

Validity and construction of contract indemnifying against loss due to confiscation of property by public authorities, 36 A.L.R. 1499.

What amounts to a sale within forfeiture provision of insurance policy forbidding property to be sold or conveyed without assent of insurer, 38 A.L.R. 316.

Burglary, larceny, theft, or robbery within policy of insurance, 41 A.L.R. 846; 44 A.L.R. 471.

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.

Validity of "three-fourths value" clause in fire insurance policy, 45 A.L.R. 1022.

Validity and effect of provision in insurance policy for forfeiture upon foreclosure, or commencement of foreclosure, or other proceeding to enforce a mortgage, 50 A.L.R. 1117; 57 A.L.R. 1044.

Rights as between mortgagor and insurance company where policy avoided as to mortgagor, but not as to mortgagee, 52 A.L.R. 278.

Reacquisition or extinguishment of title or interest as affecting provision in fire insurance policy against change of title, interest, or possession, or against encumbrance, 52 A.L.R. 843.

Divisibility of fire insurance policy covering stock and fixtures or furniture, 53 A.L.R. 1123.

Tourists' property insurance policy, 55 A.L.R. 803.

Loss due to inherent defect as within policy insuring property against loss or damage, 55 A.L.R. 941.

Fumigating premises as violation of fire insurance policy, 57 A.L.R. 948.

Vendee or vendor under executory contract as having exclusive ownership or interest, within the meaning of condition in insurance policy requiring interest of insured to be that of "unconditional and sole ownership," or the like, 60 A.L.R. 11.

Right of owner to sue on fire or marine policy taken out by warehouseman, bailee or carrier, 61 A.L.R. 720.

Liability of property insurer as affected by explosion, 65 A.L.R. 934.

Right of insured or beneficiary to reformation of fire insurance policy as affected by delay in discovering faults in policy as drafted, 76 A.L.R. 1218.

Change of conditions increasing hazard between time of filing of application and inception of risk under fire insurance policy, 76 A.L.R. 1295.

Meaning of term "sound value" employed in insurance policy or statute, 78 A.L.R. 904.

Fire insurance: insolvency of, or appointment of receiver for, insurer as affecting subsequent losses, 79 A.L.R. 1267.

Liability of mortgagee under mortgage clause for insurance premiums, 83 A.L.R. 105.

Insurance by agent on his own property, 83 A.L.R. 1509.

Failure of attempted appraisal under policy of insurance as affecting rights and remedies of parties, 94 A.L.R. 499.

Union or standard mortgage clause as relieving mortgagee of mortgagor's breach of conditions at inception of policy or before mortgage clause attached, 97 A.L.R. 1165.

Amount recoverable from one liable for damage to building as affected by building regulations applicable to restoration or repair of damaged buildings, 107 A.L.R. 1122.

Act of insured while mentally incompetent in causing loss otherwise within coverage of property or liability insurance policy as defense or ground of setoff or counterclaim, 110 A.L.R. 1060.

Right of creditors, or of trustee in bankruptcy, of grantor in conveyance fraudulent as against creditors, in respect of proceeds of insurance upon property, 114 A.L.R. 1374.

Rights, duties, and liabilities of life tenant (legal or equitable) and remaindermen in respect of property insurance or proceeds thereof, 126 A.L.R. 336.

Mortgage as breach of condition in insurance policy as to sole and unconditional ownership or as to change of title or interest, or similar terms, 126 A.L.R. 473.

Duty of mortgagee, or one holding title as security, to protect the interests of third persons in respect to insurance, 130 A.L.R. 598.

Construction and application of sprinkler leakage policy, or provisions of that nature in fire policy, as regards hazards or causes of loss, 130 A.L.R. 710.

What amounts to a leasehold interest within insurance policy, 130 A.L.R. 818.

Conditional sale as affecting provision in insurance policy against change of title, interest, or possession, 133 A.L.R. 785.

Fire insurance policy as covering loss resulting from article being accidentally thrown into or otherwise coming in contact with fire friendly in its origin, 133 A.L.R. 797.

Waiver or estoppel regarding sole and unconditional ownership clause, where both insurer and insured are aware of the uncertainty as to the title, 140 A.L.R. 1235.

Right of insurer, in absence of subrogation clause, to be subrogated to claim of mortgagee (or conditional vendor) to whom it paid loss, under loss-payable or mortgagee clause, after policy had been canceled as against insured or had become unenforceable by him, 146 A.L.R. 442.

Breach of condition of fire insurance policy by less than all of the persons named as insured as affecting the others, 148 A.L.R. 487.

Coverage, as regards causes of injury or damage, of policy insuring owner, occupier, or operator of premises against liability for injury to person or property, 148 A.L.R. 609.

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

Manufacture or sale of intoxicating liquor as increase of hazard or change in use avoiding fire insurance policy, 2 A.L.R.2d 1160.

Damage within coverage of water damage insurance, 4 A.L.R.2d 532.

Waiver of, or estoppel to assert, provision of policy respecting location of personal property covered thereby, 4 A.L.R.2d 868.

Amount of insurer's liability as affected by insured's executory contract to sell the property, 8 A.L.R.2d 1408.

What constitutes "upset" or "overturning" within provisions of property damage policy covering losses so caused, 8 A.L.R.2d 1433.

Right to proceeds, or to apportionment thereof, where fire insurance policy is issued jointly to lessor and lessee covering destruction of or damage to building, 8 A.L.R.2d 1445.

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.

Recovery under fire insurance policy for damage to party wall, 13 A.L.R.2d 619.

Rent loss insurance, 17 A.L.R.2d 1226.

Judgment for insurer who paid property damage as bar to another action against same tortfeasor by owner or another subrogated insurer for additional property damage arising from same tort, and vice versa, 22 A.L.R.2d 1455.

Keeping or placing of gasoline, kerosene, or similar inflammable substances on premises as increase of hazard avoiding fire insurance policy, 26 A.L.R.2d 809.

Casual or temporary repairs, and the like, as constituting increase of hazard so as to avoid fire or other property damage insurance, 28 A.L.R.2d 757.

Transfer or pledge of fire insurance policy as collateral security for debt as within policy provisions prohibiting or restricting assignment of policy, 31 A.L.R.2d 1199.

Insurance: waiver of, or estoppel to assert, iron safe clause, 33 A.L.R.2d 615.

Applicability of "increase of hazard" clause in fire insurance policy to conditions occurring accidentally, 34 A.L.R.2d 717.

Applicability of valued policy statute to partial fire loss, 36 A.L.R.2d 619.

Robbery insurance: risks and losses covered, 37 A.L.R.2d 1081.

What constitutes "household goods," or the like, within coverage thereof in fire insurance policy, 41 A.L.R.2d 720.

Construction and effect of clause in burglary policy requiring alarm system, 42 A.L.R.2d 733.

Remedies of insured other than direct action on policy where fire or other property insurer refuses to comply with policy provisions for appointment of appraisers to determine amount of loss, 44 A.L.R.2d 850.

Vacancy or unoccupancy within fire insurance policy which covers several buildings only some of which are or become vacant or unoccupied, 51 A.L.R.2d 1366.

Lessee's or lessor's right to recover on fire insurance policy for destroyed or damaged property which the other has replaced or repaired, 53 A.L.R.2d 1383.

Applicability of fraud and false swearing clause of fire insurance policy to testimony given at trial, 64 A.L.R.2d 962.

What constitutes "direct loss resulting from actual physical contact of vehicle with property" within purview of extended coverage provision of fire policy, 64 A.L.R.2d 1189.

Rights of vendor and purchaser, as between themselves, in insurance proceeds, 64 A.L.R.2d 1402.

Right to proceeds of insurance, as between holder of title to real estate and one having option to purchase it, 65 A.L.R.2d 989.

What constitutes "farm produce" or "farm product" within coverage of fire insurance policy, 71 A.L.R.2d 1266.

Damage from sonic boom as within property insurance policy, 74 A.L.R.2d 754.

Fluctuations in cost of making repairs between time of loss and time of payment as affecting property insurer's liability, 74 A.L.R.2d 1272.

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

Scope and purview of clause excluding business property from the coverage of policy insuring unscheduled personal property, 80 A.L.R.2d 1289.

Construction and application of provision in fire policy specifically excepting loss by explosion unless fire ensues, 82 A.L.R.2d 1125.

Construction of property insurance provision excluding liability for destruction caused by order of civil authority, 84 A.L.R.2d 683.

Rights and remedies of property insurer as against third-person tortfeasor who has settled with insured, 92 A.L.R.2d 102.

Improvements and betterments insurance, 97 A.L.R.2d 1243.

Rights in proceeds of insurance on property held jointly with right of survivorship, where one of joint owners dies pending payment of proceeds, 4 A.L.R.3d 427.

Necessity and sufficiency of insurer's demand, under fire insurance policy, for examination of insured or his books or papers, or for proofs of loss, certificates, or sworn statements, 4 A.L.R.3d 631.

Insured's failure to inform insurer of pending condemnation proceedings as concealment or fraud within provision of fire policy, 9 A.L.R.3d 1411.

Provisions of burglary or theft policy as to effect of disappearance of property, 12 A.L.R.3d 865.

Construction of insurance coverage as to loss of or injury to trees, lawns, and shrubbery, 14 A.L.R.3d 1056.

Overvaluation in proof of loss of property insured as fraud avoiding fire insurance policy, 16 A.L.R.3d 774.

What constitutes a "private" structure or a private structure not used for mercantile purposes within the meaning of property insurance policies, 19 A.L.R.3d 902.

Change in purposes for which premises are occupied or used as increase of hazard voiding insurance coverage, 19 A.L.R.3d 1336.

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

Fraud, false swearing, or other misconduct of insured as affecting right of innocent mortgagee or loss payee to recover on property insurance, 24 A.L.R.3d 435.

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

What constitutes "vacancy" or "unoccupancy" within fire insurance policy on building other than dwelling, 36 A.L.R.3d 505.

What are "appurtenant" private structures within provision of property insurance policy expressly extending coverage to such structures, 43 A.L.R.3d 1362.

Property insurance: construction and effect of provision excluding loss caused by earth movement or earthquake, 44 A.L.R.3d 1316.

Theft insurance: coverage of expense of reward offered by insured, or other expenses incurred in recovering stolen property, 46 A.L.R.3d 403.

Insured's ratification, after loss, of policy procured without his authority, knowledge, or consent, 52 A.L.R.3d 235.

Right of mortgagee to notice by insurer of expiration of fire insurance policy, 60 A.L.R.3d 164.

What constitutes "money" within coverage or exclusion of theft or other crime policy, 68 A.L.R.3d 1179.

What constitutes "ensuing loss" caused by water damage within coverage provision of property insurance policy, 78 A.L.R.3d 950.

Loss through payment of extortion demand at place other than insured's premises as within coverage of theft policy insuring against losses incurred on premises, 85 A.L.R.3d 1103.

Personal injuries inflicted by animal as within homeowner's or personal liability policy, 96 A.L.R.3d 891.

Depreciation as factor in determining actual cash value for partial loss under insurance policy, 8 A.L.R.4th 533.

Right of innocent insured to recover under fire policy covering property intentionally burned by another insured, 11 A.L.R.4th 1228.

Liability insurance coverage as extending to liability for punitive or exemplary damages, 16 A.L.R.4th 11.

Right of mortgagee, who acquires title to mortgaged premises in satisfaction of mortgage, to recover, under fire insurance policy covering him as "mortgagee," for loss or injury to property thereafter damaged or destroyed by fire, 19 A.L.R.4th 778.

Property damage resulting from inadequate or improper design or construction of dwelling as within coverage or "all risks" homeowner's insurance policy, 41 A.L.R.4th 1095.

Duty of mortgagee of real property with respect to obtaining or maintenance of fire or other casualty insurance protecting mortgagor, 42 A.L.R.4th 188.

Fire insurance: insurable interest of one expecting to inherit property or take by will, 52 A.L.R.4th 1273.

Property damage insurance: what constitutes "contamination" within policy clause excluding coverage, 72 A.L.R.4th 633.

What is "flood" within exclusionary clause of property damage policy, 78 A.L.R.4th 817.

Construction and effect of property insurance provision permitting recovery of replacement cost of property, 1 A.L.R.5th 817.

Homeowner's liability insurance coverage of emotional distress allegedly inflicted on third party by insured, 8 A.L.R.5th 254.

Liability policy coverage for insured's injury to third party's investments, anticipated profits, good will, or the like, unaccompanied by physical property damage, 18 A.L.R.5th 187.

Coverage under all-risk insurance, 30 A.L.R.5th 170.

Business interruption insurance, 37 A.L.R.5th 41.

Applicability of valued-policy statutes to flood, wind, and hurricane damage, 62 A.L.R. 6th 227.

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