Fidelity Bankers Life Insurance v. Renew

Jordan, Presiding Judge.

1. The motion to dismiss the appeal is without merit.

2. The insurer, in seeking a directed verdict in the lower court, argued that the evidence conclusively disclosed material misrepresentations in the application, because the insured affirmatively answered the question, “Are you now in good health?” and negatively answered the question, “Have you ever had, or been told you had, any of the following diseases, disorders, or complaints. (h) Back pain, sciatica, arthritis, or other bone, muscle or joint disorder?” despite the fact that for a period of a year and a half or…