22 Ga. App. 566 | Ga. Ct. App. | 1918
(After stating the foregoing facts.) The question presented for our consideration is whether the evidence warranted the verdict. Section 2479 of the Code of 1910 provides that “Every applicátion for insurance must be made in the utmost good faith, and the representations contained in such application are considered as. covenanted to b.e true by the applicant. Any variation by which the nature, or extent, or character of the risk is changed will void the policy.” It has been held that “It is immaterial whether the statements made by thd applicant for insurance were representations or warranties, since the effect of such statements must be determined by the provisions of these sections of the code, without reference to whether the statements may be regarded technically as representations or as warranties. If the representations were untrue and the nature or extent or the character of the risk was changed by the representations, the policy was void under the express terms of § 2479.” Ætna Life Insurance Co. v. Conway, 11 Ga. App. 553, 560 (75 S. E. 915). Section 2480 provides that “Any verbal or written representations of facts by the assured to induce the acceptance of the risk, if material, must be true, or the policy is void.” Code-section 2481 provides that “A failure to-state a material fact, if not done fraudulently, does not void; but the willful concealment of such a fact, which would.enhance the risk, will void the policy.” In the case of a representation the important inquiry is: 1st. Was the representation false? 2d. If' false, was it made in reference to a matter material to the risk? In general, it may be said that the test, in determining
Under the facts appearing in the record -in this case, the evidence as adduced in the trial in the court below did not authorize a verdict in favor of the plaintiff, and the court erred in refusing a new trial.
Judgment reversed.