Gatlin v. World Service Life Insurance Co.

OPINION

FONES, Justice.

Several related issues have been raised in this case involving an assertion of “good health” by decedent when she applied for group credit life insurance. We view the controlling issue to be whether such an assertion constituted a “misrepresentation” as a matter of law; thereby mandating a directed verdict in favor of defendant because the falsity of this assertion “increased the risk of loss” to the insurance company as a matter of law. The trial court and the Court of Appeals held that there was a misrepresentation that increased the risk of loss and the Court of…