O.C.G.A. § 33-24-8 (2019)
Admissibility in evidence of applications in actions between insurer and insured
As to kinds of insurance other than life insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy applied for if the insurer, at expiration of 30 days after receipt by the insurer of written demand by or on behalf of the insured for a copy of the application, has failed to furnish to the insured a copy of the application reproduced by any legible means.
History
Code 1933, § 56-2408, enacted by Ga. L. 1960, p. 289, § 1.
Annotations
JUDICIAL DECISIONS Application which is basis of suit not excludable. - Insurance application which is both the gravamen of a complaint that the application did not comply with Jones v. State Farm Auto. Ins. Co., 156 Ga. App. 230, 274 S.E.2d 623 (1980), and the ‘‘best evidence’’ in support thereof,
cannot be the subject of a motion for exclusion at trial pursuant to O.C.G.A. § 33-24-8. Georgia Farm Bureau Mut. Ins. Co. v. Coffman, 169 Ga. App. 192, 311 S.E.2d 854 (1983) (see O.C.G.A. § 33-34-5 and notes thereto).
RESEARCH REFERENCES Am. Jur. 2d. - 44A Am. Jur. 2d, Insurance, § 1987 et seq. ALR. - Liability in respect of premium where policy is rejected by applicant or prospect, 41 A.L.R. 644. Admissibility as against the beneficiary of life or accident insurance of statements
or declarations by the insured outside his application, 86 A.L.R. 146. Failure to attach copy of application as affecting right to set up breach of condition in policy itself, 87 A.L.R. 194. Binding effect of application not signed by insured, 91 A.L.R. 1127.