MUTUAL OF OMAHA INSURANCE COMPANY v. TRULUCK

48420.

129 Ga. App. 692 (1973)

200 S.E.2d 913

MUTUAL OF OMAHA INSURANCE COMPANY v. TRULUCK.

Court of Appeals of Georgia.

Decided September 19, 1973.


Attorney(s) appearing for the Case

Fulcher, Hagler, Harper & Reed, John I. Harper, for appellant.

Calhoun & Kernaghan, Herbert E. Kernaghan, Jr., for appellee.


STOLZ, Judge.

In this action on two medical expenses insurance policies, the insurer's defense was that the policies were void because the applications therefor, which were attached to and a part of the policies, contained misrepresentations of fact material to the risk. The undisputed showing on the defendant's motion for summary judgment, including the plaintiff's deposition, demanded the finding that the medical problem, for the treatment of which recovery is sought...

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