State RegulationsGA specificDifficulty 2/5
An insured in Savannah honestly but inaccurately stated her height and weight on a life application. After her death, the insurer denies the claim, but the insurer concedes the error did not increase the risk of loss and she had no intent to deceive. Under Georgia law, the insurer's denial is:
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
Under O.C.G.A. § 33-24-7, a misrepresentation defeats recovery only if it was made with intent to deceive or increased or contributed to the risk of loss. Because the insurer concedes neither element exists, the misstatement cannot void the policy, and the claim must be paid under Georgia's representations rule.
Why the other options are wrong
- A) Georgia does not void policies for any inaccuracy; the increased-risk or intent-to-deceive standard in O.C.G.A. § 33-24-7 controls.
- B) Application statements are representations, not warranties, under O.C.G.A. § 33-24-7, so the warranty theory fails.
- D) The statute contains no tobacco-only carve-out; any misrepresentation is tested for intent to deceive or increased risk under O.C.G.A. § 33-24-7.
Memory hook
No added risk, no intent to deceive, no denial — that's Georgia's representations shield.