Mutual Life Insurance v. Bolton
Court of Appeals of Georgia
Action upon insurance policy; from Wilkes, superior court— Judge Walker. May 9, 1917. C. D. Bolton, administrator of Batnum Ñ. Ford, brought suit against- the Mutual Life Insurance Company of New York upon a life-insurance policy for $1,000, issued by the defendant upon the life of Batnum N. Ford on April 10, 1914, and made payable -to the executors, administrators, or assigns of the insured.
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Action upon insurance policy; from Wilkes, superior court— Judge Walker. May 9, 1917. C. D. Bolton, administrator of Batnum Ñ. Ford, brought suit against- the Mutual Life Insurance Company of New York upon a life-insurance policy for $1,000, issued by the defendant upon the life of Batnum N. Ford on April 10, 1914, and made payable -to the executors, administrators, or assigns of the insured. In the application the insured made the following agreement: “This.application is made to the Mutual Life Insurance Company of New York. All the following statements and answers and all those that I make…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) The question presented for our consideration is whether the evidence warranted the verdict. Section 2479 of the Code of 1910 provides that “Every applicátion for insurance must be made in the utmost good faith, and the representations contained in such application are considered as. covenanted to b.e true by the applicant. Any variation by which the nature, or extent, or character of the risk is changed will void the policy.” It has been held that “It is immaterial whether the statements made by thd applicant for insurance were representations or…
2Cases cited3 opinions
- Empire Life Insurance v. JonesCourt of Appeals of Georgia · 1914
- Ætna Life Insurance v. ConwayCourt of Appeals of Georgia · 1912
- Southern Life Insurance v. HillCourt of Appeals of Georgia · 1911
3Cited by12 opinions
- Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
- Lee v. Metropolitan Life InsuranceSupreme Court of Georgia · 1924
- Wilkins v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1919
- Gilham v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1961
- Phillips v. New York Life InsuranceSupreme Court of Georgia · 1931
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