Wooten v. Life Ins. Co. of Georgia

The first special ground of the amended motion for a new trial assigns error on the admission of the testimony of a witness as to fits and convulsions suffered by the insured for a number of years prior to the issuance of the policy *667on the ground that the testimony is inadmissible because the' defendant is estopped to urge fraud in the procurement of the policy as a defense. Since fraud in the procurement would void the entire policy (Code § 56-824) except as to the life insurance feature which had become incontestable, and since the district manager testified: “This policy includes any…