TAYLOR v. TIME INS. CO.

No. 78-2088 Summary Calendar.

583 F.2d 743 (1978)

Deborah S. TAYLOR, Plaintiff-Appellant, v. TIME INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 8, 1978.


Attorney(s) appearing for the Case

Walter V. Beasley, Charles T. Bass, Decatur, Ga., for plaintiff-appellant.

Ben Kingree, Ronald T. Gold, Carter, Ansley, Smith & McLendon, Atlanta, Ga., for defendant-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


PER CURIAM:

On this Georgia diversity summary judgment against the beneficiary of a life insurance policy, the uncontradicted evidence showed that decedent in his application answered "no" to the question of whether he had "consulted or been treated by a physician or practitioner in the past five years." In fact, he had consulted and been treated by a psychiatrist numerous times within three years.

The district court held this to be a material misrepresentation...

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