Curry v. Washington National Insurance

1. Since the very definition of a contract of insurance imports the assumption of a risk by the insurer and a payment of a consideration therefor on the part of the insured, if, because of the invalidity thereof, there has been no assumption of risk by the insurer under the contract, the premiums paid should ordinarily be returned to the insured. See Reserve Loan Life Insurance Co. v. Davis, 23 Ga. App. 571 (99 S. E. 42). It is the general rule that where a contract of insurance is void ab initio because of material misrepresentations made by the insured in the application attached to and…