21 Ga. App. 610 | Ga. Ct. App. | 1918
1. A policy of life or accident insurance, issued upon the faith of representations covenanted to he true by the applicant, and which constitute the basis of the issuance and terms of the contract, is void if such representations materially vary from the truth in such manner as to change the nature, extent, or character of the risk. Supreme Conclave v. Wood, 120 Ga. 328, 336 (47 S. E. 940).
2. “Where soliciting and forwarding applications for policies of insurance was within the scope of the duties of an agent of an insurance com
3. But where true answers are thus given by the insured and false answers entered, in order that the insurer shall be estopped from urging the falseness of the answers so returned, it must appear that such perversion of the facts was the work of one acting as the agent of the insurer -in soliciting and forwarding applications.
4. The provision contained in the constitution of a fraternal benefit association, that “When application shall be made to the president and directors of any State division by at least twenty members in good standing in the national and State associations, whose permanent addresses are in any city or town in a State fully organized under the constitution and by-laws of the national association, they may grant a charter to organize a local post and deputize some member to properly organize said post and deliver the charter to the same to be governed by the following rules,” etc., means that the officials of a State division of the association may delegate some 'member of the order to organize a “local post” in any town or city within its jurisdiction upon the application of not less than “twenty members in good standing” in the order, who are residents of such place, and the member so delegated in accordance with the provisions of the constitution represents the association itself in organizing such members into a “local post” and in delivering to it the charter; but under such provision the member delegated for such purpose is not empowered to represent the association in filling out, receiving, and forwarding applications for new members. If at the time such “local post” is organized an application to join the order is made by one who in fact knows that he is beyond, the age for membership according to, the constitution, and, without the knowledge ■ of the applicant, the application is falsely filled out by such “delegated member” so as-to make the age of the applicant come within the rules prescribed by the order, and is in due course forwarded, through the regular State secretary of the association to its proper head officials at national headquarters, by whom it 'is in good faith passed upon and accepted, the act of such “delegated member” in falsely filling out the application can not be taken as the act of the association, he not then acting within the scope of his duties and authority. The fact that the insurer, without knowledge of these facts, continued to recognize and treat such person as a regular member of the association
5. The policy being void by reason of the materially false statement contained in the application, there could be no valid recovery thereon.
Judgment reversed.