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GATLIN v. WORLD SERVICE LIFE INS. CO.

616 S.W.2d 606 (1981)

Homer GATLIN, Administrator of the Estate of Freida Gatlin, Deceased, Plaintiff-Appellant, v. WORLD SERVICE LIFE INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of Tennessee.

June 1, 1981.

Attorney(s) appearing for the Case

Elliott Ozment, Cross, Stiles & Ozment, Nashville, for plaintiff-appellant.

Lewis B. Hollabaugh and Thomas E. Shoenheit, Manier, White, Herod, Hollabaugh & Smith, Nashville, for defendant-appellee.

OPINION

FONES, Justice.

Several related issues have been raised in this case involving an assertion of "good health" by decedent when she applied for group credit life insurance. We view the controlling issue to be whether such an assertion constituted a "misrepresentation" as a matter of law, thereby mandating a directed verdict in favor of defendant because the falsity of this assertion "increased the risk of loss" to the insurance company as a matter...

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