Opinion
42919.
SUBMITTED JULY 10, 1967.
DECIDED OCTOBER 23, 1967. REHEARING DENIED NOVEMBER 16, 1967.
Action on insurance policy. Gwinnett Superior Court. Before Judge Pittard.
Merritt Pruitt, Glyndon C. Pruitt, J. Ray Merritt, for appellant.
Joseph E. Cheeley, for appellee.
Where, in a suit on a policy of insurance providing for monthly payments for disability caused by accidental means seeking a recovery for monthly payments thereunder allegedly due and owing, the jury returns a verdict for less than the full sum sued for, and the case is affirmed on appeal in this court ( Hartford Acc. c. Co. v. Grant, 113 Ga. App. 795 ( 149 S.E.2d 712) and thereafter another suit is brought for alleged disability payments becoming due subsequently to those sued for in the first suit and becoming due subsequently to any that could have been sued for in the first suit, a plea of res judicata based upon the first suit and opposed against the second suit was properly overruled by the trial court. Missouri State Life Ins. Co. v. Pilcher, 179 Ga. 231 (1) ( 175 S.E. 586); Code § 20-1401; Missouri State Life Ins. Co. v. Lovelace, 1 Ga. App. 446 (2) ( 58 S.E. 93); Lewis v. Price, 104 Ga. App. 473 ((1) ( 122 S.E.2d 129); Jones v. Schacter, 29 Ga. App. 132 (1) ( 114 S.E. 59); South v. A. B. C. Railroad Benefit Assn., 52 Ga. App. 372 (1) ( 183 S.E. 213).
Judgment affirmed. Bell, P. J., and Whitman, J., concur.