PIEDMONT &c. LIFE INS. CO. v. GUNTER

40189, 40190.

108 Ga. App. 236 (1963)

132 S.E.2d 527

PIEDMONT SOUTHERN LIFE INSURANCE COMPANY v. GUNTER et al.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied July 24, 1963.


Attorney(s) appearing for the Case

Wiggins & Smith, Kimzey & Crawford, Linton K. Crawford, M. J. Simmons, for plaintiff in error.

Oliver, Oliver & Gunter, Jack N. Gunter, contra.


HALL, Judge.

1. In support of its motion for judgment notwithstanding the verdict and the general grounds of its motion for new trial, the defendant contends that the evidence showed conclusively that the plaintiff wife in procuring coverage by the group policy knowingly concealed material facts of her husband's medical history, which concealment amounted in law to actual fraud, that the other elements of defense of fraud were proved, and therefore a verdict for the...

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