Johnson v. American Nat. Life Ins. Co.

• Decision Date: 14 July 1910
• Parties: JOHNSON v. AMERICAN NAT. LIFE INS. CO.
• Court: Georgia Supreme Court

68 S.E. 731

134 Ga. 800

JOHNSON v. AMERICAN NAT. LIFE INS. CO.

Supreme Court of Georgia

July 14, 1910

Syllabus by the Court.

A statute declares that all life or fire insurance policies issued upon the lives or property of persons within the state, which contain any reference to the application for insurance, or the constitution, by-laws, or other rules of the company, either as forming part of the policy or contract between the parties thereto, or having any bearing on said contract, shall contain or have attached to said policy a correct copy of said application, signed by the applicant and of the by-laws referred to, and, unless so attached and accompanying the policy, no such constitution or by-laws shall be received in evidence, either as part of the policy or as an independent contract, in any controversy between the parties to or interested in the said policy, "nor shall such application or by-laws be considered a part of the policy or contract between the parties." Held that a failure to attach an application for life insurance to the policy, which referred to it, prevented such application from being treated as a part of the contract or introduced in evidence as such, or to show that certain statements were contracted or warranted to be true; but it did not prevent the defendant from pleading and proving that the insured had made false and fraudulent statements as to his age and health, and had thus fraudulently induced the insurer to issue the policy, and that it was therefore void, not as matter of contract, but because of fraudulent procurement.

Suit was brought on a policy of life insurance containing the following provision: "If the age of the insured is incorrectly stated, the amount payable under this policy shall be the insurance which the actual premiums would have purchased at the true age of the insured." The age stated in the policy was 55 years. The defendant pleaded fraud in the procurement of the policy, alleging that in fact the insured was more than 70 years of age, and uninsurable. Held, that the rate book of the company was admissible for the purpose of showing that there was no rate on a person 70 years of age, and that the misrepresentation was material.

Under the issue of fraud in the procurement of the policy, it was competent to show false representations by the insured as to his age and health, and what they were in fact; and admissions made by him were relevant in that connection.

The tax digest of the county of the residence of the insured was admissible in evidence to show that, while his name appeared thereon, he returned no poll tax, as bearing on his age.

So also, was the book of registered voters, containing the name of the insured and the statement of his age.

It is not correct practice to attach to a plea as exhibits original documents which will be relied on as evidence. Copies, not original papers, should be used as exhibits to pleadings. Where originals are so attached, on proper motion made in due time, the court should require the originals to be detached and copies substituted. But where no motion was made, and just before the jury retired the court was asked to have the exhibits detached from the answer of the defendant, and not to allow them to be taken out by the jury, and not to allow the jury to see them, a refusal of such motion will not necessitate a new trial, where the court had, in the presence of the jury, rejected such papers from evidence, and ruled them inadmissible as such.

When considered in the light of the evidence and the entire charge, the charges complained of do not require a new trial. The evidence was sufficient to authorize the verdict.

Error from Superior Court, Johnson County; B. T. Rawlings, Judge.

Action by E. A. W. Johnson against the American National Life Insurance Company. Judgment for defendant, and plaintiff brings error. Affirmed.

J. L. Kent, E. L. Stephens, and Hines & Jordan, for plaintiff in error.

Wm. Faircloth, B. B. Blount, Fred Harper, Brown & Randolph, and Robt. S. Parker, for defendant in error.

LUMPKIN J.

A policy of insurance was procured on the life of an aged negro, who was about 70 years old and in feeble health, as shown by the weight of the...