Georgia International Life Insurance v. Bear's Den, Inc.

Carley, Judge.

Appellant-insurer issued a policy insuring the life of John E. Wadley. Mr. Wadley was subsequently diagnosed as having lung cancer, but he apparently died from a heart attack. After Mr. Wadley’s death, appellee-beneficiary filed a claim on the policy which was denied by appellant. Demand for payment was refused and appellee instituted the instant action to recover on the policy. Appellant’s answer asserted that the policy had not, under its terms and the circumstances surrounding Mr. Wadley’s death, become effective. In addition, appellant alleged that Wadley’s application for…