Guaranty Life Insurance v. Martin

1. Under the evidence adduced upon the trial, the question whether the insured was in sound health at the date of the issuance of the policy of insurance was for determination by the jury, and their finding that he was in such health at that date (as shown by their verdict) was authorized. See, in this connection, National Life &c. Co. v. Smith, 34 Ga. App. 242 (129 S. E. 113); National Life &c. Co. v. Martin, 35 Ga. App. 1 (132 S. E. 120).

2. The insurance company’s defense to this suit was that the jpolicy never took effect, because the insured was not in sound health when the policy was…