United Family Life Insurance v. Shirley

Deen, Presiding Judge,

concurring specially.

Having viewed the dissent, and, in this light, restudied the majority opinion, I fully concur with the majority except I now feel it unnecessary to overrule Reserve Life Ins. Co. v. Chalker, 127 Ga. App. 565 (194 SE2d 290). There is no evidence of any representation of any information conveyed by insured to agent other than as contained in the application, and even if she had given the undisclosed information to the agent, the limitation of the agent’s authority contained in the application insulates the insurer and would have required the same result. The only error contained in Chalker is in citing All Am. Life &c. Co. v. Saunders, 125 Ga. App. 7 (186 SE2d 328), which admittedly was inapplicable and unnecessary for a consideration of Chalker.

The distinction between the case sub judice and Chalker is that in the former the applicant father did not know of the adverse illness, and in the latter the applicant did know of hospitalization visits not listed on the application. There being a limitation as to the authority of the agent in the application in both cases, a jury question arising in the former and not in the latter is not inconsistent.