In Nee v. State Farm Fire &c. Co. 142 Ga. App. 744 (236 SE2d 880) (1977), the Court reversed a grant of summary judgment to an insurer even though the homeowner had not filed suit within 12 months of his loss, as his policy required. In so doing, the Court held: It is a universal rule that, where the insurer, by its acts in negotiating for a settlement, has led the policyholder to believe that he will be paid without suit, the insurer cannot take advantage of a provision in the policy which requires the action to be brought in a certain time. ... If the facts show that negotiations for a settlement have led the insured to believe that the claim would be paid by the insurer without a suit, this will constitute a waiver of the time requirement, and the insurer cannot take advantage thereof in a suit to recover the loss. Id. at 746. The facts in Nee gave rise to a jury question about whether continuing settlement negotiations led the policyholder to believe that the limitation provision was waived. Id. at 747.