36 Ga. App. 695 | Ga. Ct. App. | 1927
Mrs. Inez Parker prevailed in the court below in a suit against the Sovereign Camp of the Woodmen of the World, a fraternal beneficiary association, on a certificate issued to her husband, Wiley B. Parker, in which she was named as the beneficiary. The defendant has excepted to the refusal of its motion for a neiv trial. The defendant pleaded that the policy or certificate was void, because of material misrepresentations made in the application. It is our opinion that this plea was sustained,
According to the undisputed evidence, the truth was undoubtedly as follows: On July 5, 1923, the insured consulted Dr. J. A. Shields, complaining of a cough, weakness, and indigestion. Dr. Shields made a thorough physical examination of the insured’s chest, and, finding unmistakable “sounds” of infection of his lungs at that time, prescribed for the insured rest and fresh air, and advised him to stay in bed. Dr. Shields saw the insured professionally two or three times in July, 1923, and at one time took a specimen of his sputum and had it examined microscopically by-another physician, with the result that tubercular germs were found to be present. The insured applied for and obtained from the Odd Fellows lodge sick benefits, of which he received the first payment on July 12, 1923. He was thereafter paid such benefits “for every week” until his death. The policy was issued on the 18th of August, 1923, on the faith of the representations contained in the application. On January 5, 1924, the insured was “bedridden,” and on March 16, 1924, he died from pulmonary tuberculosis.
The materiality of the above representations, especially as to the insured’s not' having consulted a physician, can not be doubted, for it appears, as a matter of law, that such statements do influence the action of the prudent insurer. They are among the matters upon which he rests his decision whether to accept the risk, and, if so, at what rate. Moreover, in the instant case, the probable consequences resulting from the false statements are somewhat magnified, when considered in connection with the undisputed testimony that the insured had been treated by a physician but a short while preceding his application, and that this physician, in his study of the case as then presented to him, found the patient to be suffering from pulmonary tuberculosis. If the insured had answered that Dr. Shields had been treating him for a cough, weakness, and indigestion within the past month, and that
Judgment reversed.