Smith v. National Life & Accident Insurance

We think there was no error in the judgment. It is clear to us from the evidence, under the provisions of the policy and the application for reinstatement, that the insured wilfully misrepresented a material fact on which the company relied, and that the company was within its rights in refusing to pay. The verdict was amply sustained by the evidence. This case is controlled by the principles announced in Phillips v. New York Life Insurance Co., 173 Ga. 135 (2) (159 S. E. 696) : “A wilful misrepresentation of material facts, made by the assured in the application for reinstatement, to induce…