Gustafson v. Cotton States Mutual Insurance

Johnson, Judge.

Insureds William and Sarah Gustafson appeal the grant of summary judgment to Cotton States Mutual Insurance Company. The superior court found the Gustafsons made false statements on their application for insurance which were material to Cotton States’ acceptance of the risk and which, therefore, barred their recovery. However, we find material issues of fact remain for jury resolution and reverse.

“On appeal from a trial court’s grant of summary judgment, this Court conducts a de novo review of the evidence. [Cit.]” Gentile v. Bower, 222 Ga. App. 736 (477 SE2d 130) (1996). In…