Legal Opinion

Mutual Benefit Health & Accident Ass'n v. Marsh

Court of Appeals of Georgia

Decided February 23, 1940No. 27978PublishedCited by 8 opinions

1Opinion of the CourtSutton, J.

Fred L. Marsh brought suit against Mutual Benefit Health & Accident Association on an accident and health insurance policy, the application for which was attached to and made a part of the policy contract. The case proceeded to trial, and the jury returned a verdict in favor of the plaintiff. This court reversed the trial court’s judgment overruling the defendant’s motion for new trial, holding that under the evidence a finding was demanded as a matter of law that in the written application the insured made false and material representations and wilfully and fraudulently concealed facts…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. Stoddard Manufacturing Co. v. AdamsSupreme Court of Georgia · 1905
  3. Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
  4. Harrison & Garrett v. Wilson Lumber Co.Supreme Court of Georgia · 1903
  5. Clubb v. American Accident Co.Supreme Court of Georgia · 1895

11 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
  2. James, Hereford & McClelland, Inc. v. PowellCourt of Appeals of Georgia · 1991
  3. Life Insurance Co. of Georgia v. BurkeCourt of Appeals of Georgia · 1963
  4. Life Insurance Co. of Georgia v. BurkeCourt of Appeals of Georgia · 1963
  5. Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970

3 more not listed; retrieve them via the Exa API.

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