FIDELITY BANKERS LIFE INS. CO. v. RENEW

45288.

121 Ga. App. 883 (1970)

176 S.E.2d 103

FIDELITY BANKERS LIFE INSURANCE COMPANY v. RENEW et al.

Court of Appeals of Georgia.

Decided June 8, 1970.


Attorney(s) appearing for the Case

Reinhardt, Ireland, Whitley & Sims, Glenn Whitley, for appellant.

Sutton, Kelley & Pittman, Thomas H. Pittman, Frank Sutton, for appellees.


JORDAN, Presiding Judge.

1. The motion to dismiss the appeal is without merit.

2. The insurer, in seeking a directed verdict in the lower court, argued that the evidence conclusively disclosed material misrepresentations in the application, because the insured affirmatively answered the question, "Are you now in good health?" and negatively answered the question, "Have you ever had, or been told you had, any of the following diseases, disorders, or complaints...

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