Phenix Insurance v. Fulton
Supreme Court of Georgia
Insurance. Fraud. Liens. New trial. Before Judge Fain. Bartow superior court. July term, 1887. Fulton sued the insurance company on a policy covering three frame houses, his dwelling and two out-houses in the country, occupied as his residence.
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Insurance. Fraud. Liens. New trial. Before Judge Fain. Bartow superior court. July term, 1887. Fulton sued the insurance company on a policy covering three frame houses, his dwelling and two out-houses in the country, occupied as his residence. The defendant pleaded as follows: In plaintiff’s written application for the insurance, among the interrogatories touching the property were these: “ What is the title (answer particularly)? Is your property encumbered? By what and to what amount? ” To the first question plaintiff answered “Absolute”; to the second he answered, “No.” In fact, the…
1Opinion of the Court
Blandford, Justice.
The only question in this case is this : Fulton, in his application to this company for insurance upon a certain house, was asked whether there was any incumbrance upon it or not. He answered that there was not, when in fact there was an incumbrance of $500 upon it and the land on which it was situated. The court left it to the jury to say whether this misstatement by Fulton was a material misstatement in this case. The jury found that it was not, and found in favor of Fulton.
The insurance applied for was $1,000. The house was shown to have been worth from $1,200 to $1,500;…
2Cited by9 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
- Scottish Union & National Insurance v. StubbsSupreme Court of Georgia · 1896
- Vaughn v. National Life & Accident InsuranceSupreme Court of Georgia · 1939
- John Hancock Mutual Life Insurance v. YatesSupreme Court of Georgia · 1936
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