Showers v. Allstate Insurance , 136 Ga. App. 792 ( 1975 )

Deen, Presiding Judge.

The record reveals that the general property form of the policy contains the following language: "Insurance is afforded with respect to property for which an 'X’ is entered opposite the Insuring Agreement(s) applicable to such property...” Plaintiff designated that he sought only the insuring agreements for "Fire, Lightning and Extended Coverage” and "Vandalism and Malicious Mischief’ covering the personal property at his business address. Further down the general property form is the following language: "Extension — Personal Property of Others: With respect to personal property of others in the care, custody or control of the Insured, insurance is afforded. . . for the legal liability of the Insured.” Based upon this plaintiff urges that the policy affords him coverage whenever his legal liability for the personal property of others is asserted no matter how such liability is alleged to arise. The insurer counters that it has contracted to extend coverage to the personal property of others only if the event befalling such property is covered by the applicable "Insuring Agreements,” i. e., fire, lightning and extended coverage on vandalism and malicious mischief.

It is quite true and has been stated innumerable times that if a contract of insurance is doubtful that which goes most strongly against the insurer is preferred. Code Ann. § 20-704 (5). Yet it is also true that a policy of insurance ". . . which, when construed reasonably and in its entirety, unambiguously and lawfully limits the insurer’s liability, cannot be extended beyond what is fairly within its plain terms.” Ranger Ins. Co. v. Columbus-Muscogee Aviation, 130 Ga. App. 742, 745 (204 SE2d 474). Here the policy clearly states coverage is afforded only as to those "Insuring Agreement(s)” selected by the insured and the language with regard to personal property of others specifically is prefaced by a notation that such coverage is extension of the insurance selected and not separate coverage. " 'If the apparent inconsistency is between a clause that is general and broadly inclusive in character and one that is more limited and specific in its coverage, the latter should generally be held to operate as a modification and pro tanto nullification of the former.’ 3 Corbin, Contracts, p. 176, § 547.” Central Ga. Elec. Membership Corp. v. Ga. Power Co., 217 Ga. 171, 173 (121 SE2d 644).

Plaintiff concedes that the loss of the watch would not be covered by "Insuring Agreement(s)” selected by him. This being so, construction of the contract compels the conclusion that likewise there was no coverage under the extension provision of the policy. "In an action to collect on an insurance policy the insured must show that the occurrence was within the type of risk insured against to make a prima facie case.” Ga. Farm Bureau Mut. Ins. Co. v. Alloway, 134 Ga. App. 660, 661 (215 SE2d 506).

Judgment affirmed.

Quillian, Clark, Stolz and Marshall, JJ., concur. Bell, C. J., Pannell, P. J., Evans and Webb, JJ., dissent.