P&CGeorgiamedium
Under O.C.G.A. § 33-24-7, a misrepresentation, omission, concealment of fact, or incorrect statement on a Georgia insurance application will prevent recovery only if the statement is:
AMade in writing, regardless of its impact on the risk
BRepeated in at least two separate sections of the application
Fraudulent, material to the risk, or decisive to underwriting
DDiscovered by the insurer within 60 days of policy inception
Why this is the answer
O.C.G.A. § 33-24-7 governs the effect of misrepresentations on Georgia insurance policies. A misstatement defeats recovery only if it is (1) fraudulent, (2) material to the acceptance of the risk or hazard assumed, or (3) such that the insurer in good faith would not have issued the policy on the same terms had it known the truth. An innocent, immaterial inaccuracy is not grounds for rescission or denial. The statute thus rejects strict contract-law warranties and protects consumers from technical defenses.
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