Legal Opinion

Columbian National Life Insurance v. Mulkey

Supreme Court of Georgia

Decided October 21, 1916PublishedCited by 15 opinions

The Court of Appeals desires instructions from the Supreme Court upon the following questions involved in this case (No. 6264): “1. Where it is- sought to interpose the defense that the contract of insurance was void because it was obtained by fraud, are the provisions of section 4305 of the Civil Code applicable in the same manner as to other contracts; and can the defense that the policy of insurance was obtained by fraud be presented where it appears that there was no…

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The Court of Appeals desires instructions from the Supreme Court upon the following questions involved in this case (No. 6264): “1. Where it is- sought to interpose the defense that the contract of insurance was void because it was obtained by fraud, are the provisions of section 4305 of the Civil Code applicable in the same manner as to other contracts; and can the defense that the policy of insurance was obtained by fraud be presented where it appears that there was no restoration of such thing of value as was received by the company in exchange for the policy, nor any effort to restore,…

1Opinion of the CourtFish, C. J.

1. The first headnote needs no elaboration.

2. Both questions propounded to this court by the Court of Appeals may be briefly stated as follows: In an action on an insurance policy, can the defendant plead, without repayment of the premiums, that the policy is void because obtained by fraud practiced by the insured on the insurer? Thus stated, we have no difficulty in answering the question in the affirmative. It does not appear from the questions propounded what was the nature of the fraud which induced the insurance company to issue the policy; *268nor is there anything in the questions to…

2Cases cited5 opinions

  1. Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
  2. Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
  3. Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
  4. Beasley v. Phœnix InsuranceSupreme Court of Georgia · 1913
  5. Thompson v. Travelers' InsuranceNorth Dakota Supreme Court · 1902

3Cited by15 opinions

  1. Golden v. National Life & Accident InsuranceSupreme Court of Georgia · 1939
  2. Florida International Indemnity Co. v. OsgoodCourt of Appeals of Georgia · 1998
  3. Lively v. Southern Heritage InsuranceCourt of Appeals of Georgia · 2002
  4. Curry v. Washington National InsuranceCourt of Appeals of Georgia · 1937
  5. Wilkins v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1919

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