Lucas v. Continental Casualty Co.

The insured here did not make a written application to the company for the insurance contract, just as was the case in Metropolitan Life Ins. Co. v. Hale, 177 Ga. 632 (170 SE 875). Consequently, we have nothing to indicate that Lucas was put on notice of any limitation of authority on the part of the company’s soliciting agents — ■ which usually appears in the application — and, as Judge Jenkins said in National Life &c. Ins. Co. v. Cantrell, 49 Ga. App. 368 (175 SE 543), we “must yield to the authority of the Hale case.”

Running through the decisions in many cases, particularly since New York…