Smith v. John Hancock Mutual Life Insurance

TUTTLE, Circuit Judge.

This appeal raises the single question whether under the Georgia law the materiality of misrepresentations in an application for life insurance was properly determined by the trial court as a matter of law, thus authorizing the court to set aside a jury’s verdict for the insured and enter a judgment n. 0. v. for the defendant insurance company. The cross-appeal becomes important only in the *658event we hold the trial court erred in its final judgment.

This suit on two insurance policies issued in Georgia is controlled by the laws of that state. It is defended on the ground…