Bailey v. Interstate Life & Accident Insurance

McMurray, Presiding Judge.

This is a continuation of Bailey v. Interstate Life &c. Ins. Co., 155 Ga. App. 65, 66 (270 SE2d 287), in which this court reversed the granting of a summary judgment in favor of the defendant. Reference is made to that case for a full statement of facts. This court held at page 66, “that the evidence before the court established conclusively that the representation concerning medical history was both false and material. However, the record does not establish that the false representation is chargeable to the decedent. Appellant submitted an affidavit to the effect…