Scott v. State Farm Mutual Automobile Insurance Co.

I am of opinion that the decree of the trial court should be affirmed. For more than fifty years since the enactment of Code § 38.1-336, Acts 1906, p. 122, c. 2,-§ 28, we have repeatedly and consistently held that when a misrepresentation has been established in an application for an insurance policy, the materiality of the misrepresentation as affecting the risk to be assumed is a question for. the court.

In 1910, President Keith of this Court, an able and distinguished judge, said in Metropolitan Insurance Co. v. Hayslett, 111 Va. 107, 112, 68 S. E. 256: “Whether a representation is made and…