Southern Surety Co. v. Poles

1 Citing case

  1. Shipley v. American Central Ins. Co.

    109 S.W.2d 100 (Tenn. Ct. App. 1937)   Cited 2 times

    Where the insurer alleges that the representations made by the insured in an application for insurance upon which the policy was issued are false, the burden of proving the falsity of such representations rests on the company. Mobile Life Insurance Company v. Morris, 3 Lea 101, 31 Am. Rep., 631; Gordon v. United States Casualty Company (Tenn. Ch. App.), 54 S.W. 98; Metropolitan Life Insurance Co. v. Borsje, 2 Tenn. App. 173; Ball v. New York Life Insurance Co., 3 Tenn. App. 102; Southern Surety Co. v. Poles, 8 Tenn. App. 78; Interstate Life Accident Co. v. Potter, 17 Tenn. App. 381, 68 S.W.2d 119. The burden is also upon the insurer to establish the materiality of the misrepresentations relied upon. Penn Mut. Life Insurance Co. v. Mechanics' Savings Bank Trust Co. (C.C.A.), 72 F., 413, 414, 38 L.R.A., 33.