Legal Opinion · Concurrence

Public Savings Life Insurance v. Wilder

Court of Appeals of Georgia

Decided May 7, 1971No. 45842Published

1ConcurrenceEberhardt, Judge

While I do not personally agree that the absence of a limitation of authority in the application should avoid a binding effect upon the answers made to questions therein by the applicant (see my special concurrence to Chester v. State Farm &c. Ins. Co., 121 Ga. App. 599, 601 (174 SE2d 582), and my concurring opinion in Lucas v. Continental Cas. Co., 120 Ga. App. 457, 460 (170 SE2d 856)), yet, as I see it, we cannot avoid this result in the light of Metropolitan Life Ins. Co. v. Hale, 177 Ga. 632 (170 SE 875). Certainly since no artifice or fraud against the applicant to keep him from reading…

2Cases cited15 opinions

  1. Metropolitan Life Insurance v. HaleSupreme Court of Georgia · 1933
  2. Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
  3. Nelson v. Southern Guaranty InsuranceSupreme Court of Georgia · 1966
  4. Jefferson Standard Life Insurance v. HendersonCourt of Appeals of Georgia · 1928
  5. Mutual Benefit Health & Accident Ass'n v. HickmanCourt of Appeals of Georgia · 1959

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