A number of the Georgia cases in the field of insurance were concerned with the question of whether the insurer had waived its right to rely on certain policy provisions. Pacific Fire Ins. Co. v. Cash was a suit on an automobile collision policy. The company relied on a provision in the policy which stated that the insurance was not effective while the automobile was subject to encumbrances not described in the contract. The policy had blanks for the indication of encumbrances and other information. These blanks were not filled up. It appeared that the agent had not asked the plaintiff about encumbrances when the policy was written. The court decided that the failure of the agent to inquire amounted to a waiver of the clause concerning the existence of encumbrances.
Wilson, Edgar Hunter
Mercer Law Review: Vol. 2:
1, Article 13.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol2/iss1/13