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GUEST v. KENNESAW LIFE &c. INS. CO.

37192.

97 Ga. App. 840 (1958)

104 S.E.2d 633

GUEST et al., by Next Friend, v. KENNESAW LIFE & ACCIDENT INSURANCE COMPANY.

Court of Appeals of Georgia.

Rehearing Denied July 8, 1958.

Attorney(s) appearing for the Case

Johnson & Johnson, Erwin, Nix, Birchmore & Epting, Eugene A. Epting, for plaintiffs in error.

Stephens, Fortson, Bentley & Griffin, Robert G. Stephens, Jr., Holcomb & Grubbs, contra.

TOWNSEND, Judge.

1. As seen above, the provision in the application that the insurance shall become effective only after delivery of the policy and acceptance of the first premium while the insured is in good health is modified by the provisions of the binder receipt which are intended to supersede them to the extent of any conflict. The most important modifications are (1) that, on acceptance of the risk, the effective...

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