GEORGE WASHINGTON &c. CO. v. SMITH

34931.

90 Ga. App. 459 (1954)

83 S.E.2d 302

GEORGE WASHINGTON LIFE INSURANCE COMPANY v. SMITH et al.

Court of Appeals of Georgia.

Rehearing Denied July 27, 1954.


Attorney(s) appearing for the Case

Harris, Russell, Weaver & Watkins, for plaintiff in error.

E. W. Maynard, H. T. O'Neal, Jr., Walter Smith, contra.


QUILLIAN, J.

1. The first special ground of the motion excepts to the following portion of the charge to the jury: "If an agent of the insurer, after obtaining from an applicant for insurance a correct and truthful answer to interrogatories contained in the application for insurance, without knowledge of the applicant, fills in false answers, either fraudulently or otherwise, the insurer cannot assert the falsity of such answers as a defense to liability on the policy...

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