Hardy v. Integon Life Insurance Corp.

WELLS, Judge.

Defendant assigns error to the court’s submission to the jury of the issue of materiality. We agree in principle.

It is settled in this State that an insurer may avoid his obligations under an insurance contract by showing that the insured made false representations in his application and that the misrepresentations were material. Tolbert v. Insurance Co., 236 N.C. 416, 72 S.E. 2d 915 (1952); Pittman v. First Protection Life Ins. Co., 72 N.C. App. 428, 325 S.E. 2d 287, cert. denied, 313 N.C. 509, 329 S.E. 2d 393 (1985). However, misrepresentations in the form of written answers to…