NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. Bridges

On Motion for Rehearing.

It is argued that certain facts brought to the attention of the insured should have put him "on notice” that his first policy had been canceled. It is also urged that there is evidence the insurance company sent the second policy to the insured on November 25, 1974.

Overlooked by the movant is the basic fact that the policy was sought to be canceled on October 28,1974. It is uncontradicted that the insurance company failed to meet the requirements of Georgia Insurance Code § 56-2430 as amended (Code Ann. § 56-2430; Ga. L. 1960, pp. 289, 671; 1967, p. 653; 1968, p. 1126; 1973, pp. 499, 501; 1975, p. 1242) regarding notice of cancellation. Until the notice requirements of that Code section were met as to the first policy it remained in effect. The proof offered including sending another policy to the insured, absent compliance with Code Ann. § 56-2430, such as obtaining a receipt, etc., did not create a genuine issue of material fact.