Tallent v. Safeco Ins. Co. of America
| Decision Date | 28 January 1959 |
| Docket Number | No. 37453,No. 1,37453,1 |
| Citation | 99 Ga.App. 11,107 S.E.2d 331 |
| Parties | W. T. TALLENT et al. v. SAFECO INSURANCE COMPANY OF AMERICA |
| Court | Georgia Court of Appeals |
Syllabus by the Court
The evidence presented a question for a jury's determination, therefore, the court erred in directing a verdict for the defendant and in denying the plaintiff's motion for a new trial.
W. T. Tallent, individually and for the use of First National Bank of Lawrenceville, Georgia, sued Safeco Insurance Company of America to recover for the loss of an automobile insured by the defendant. The loss occurred during the period a binder issued by the defendant was in effect. Under the terms of the binder the provisions of the policy to be issued thereunder were binding upon the insured and under the terms of that policy the application for the binder and subsequent insurance was made a part of the insurance contract.
At the close of the evidence the court directed a verdict for the defendant. The plaintiff's motion for a new trial was denied, and he excepts.
Frank Grizzard, Frank A. Bowers, Atlanta, for plaintiff in error.
Nall, Miller, Cadenhead & Dennis, A. Walton Nall, Atlanta, for defendant in error.
The defendant contends that the plaintiff falsely answered certain questions in the application for insurance and that such false answers amounted to material misrepresentations and that, therefore, they were not liable under the terms of the binder and policy. One particular question relied on by the defendant was that of whether the plaintiff had ever been refused any insurance or had insurance coverage canceled. It contends that the plaintiff answered this question in the negative knowing full well that the answer was false.
The defendant's agent testified that she propounded all the questions contained in the application to the plaintiff and that as he answered each question she filled out an application in pencil; that in order to have a neater application she had the plaintiff sign a blank application and then she typed in the information and answers contained in the pencil written application; that the typewritten application was identical as to the information contained in the pencil-written application.
The plaintiff testified that when he applied for the binder and insurance the only question propounded to him by the agent was whether or not any person or persons under the age of twenty-five would drive the automobile to be...
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