56 Ga. App. 728 | Ga. Ct. App. | 1937
1. In a suit upon a policy of health and accident insurance, where the defense was that the policy was avoided by reason of certain false statements as to matters of fact material to the risk, made by the insured in his application for the policy, evidence tending
2. Under the foregoing ruling, the court erred in excluding portions of the testimony of Walter Rhodes and of Climus David and Blenn Scott. The excluded testimony tended to show that Blenn Scott, the agent of the company, who had solicited the policy of insurance, had actual knowledge of the applicant’s state of health before the issuance of the policy; and the evidence was admissible for whatever it was worth.
3. The court also erred in admitting, over objection, the testimony of an official of the defendant company that, the company would not have written the policy had it known that the statements made by the applicant were false. '“Evidence is not admissible to show that the facts alleged to have been suppressed' or falsely represented in the application would have been deemed material in passing on the application,' and that the company would not have issued the policy had it known the truth in regard thereto. The company’s agents or officers can not be permitted to testify that the application would have been rejected if certain facts had been truthfully stated therein.” Mutual Benefit Health &c. Asso. v. Bell, 49 Ga. App. 640, 652 (176 S. E. 124).
4. The above-stated errors rendered the further proceedings in the case nugatory, and another hearing is required.
Judgment reversed.