Metropolitan Life Insurance v. Busby

1. “Where a copy of the application is not attached to a policy of life-insurance, it does not form a part of the contract of insurance, and consequently the statements therein contained are not to be treated as warranties, and their falsity would not avoid the risk as a matter of contract. Civil Code (1910), § 2471.” Couch v. National Life Ins. Co., 34 Ga. App. 543 (130 S. E. 596).

2. A misstatement of fact as respects the existence of any prior disease, or of having consulted a physician, made in an application for life insurance, which is a representation only and not a warranty, does not…