199 S.E.2d 834
48351.Court of Appeals of Georgia.ARGUED JUNE 29, 1973.
DECIDED SEPTEMBER 4, 1973.
STOLZ, Judge.
In this action by an insured to recover hospital confinement expenses under his insurance contract with the defendant insurer, the trial judge did not err in overruling the defendant’s motion for summary judgment where the only proof offered by the defendant as to the contended lack of coverage consists of medical opinion testimony, Rushing v. Ellis, 124 Ga. App. 621, 624 (184 S.E.2d 667) and cits., and where the plaintiff’s showing — that he had poor eyesight, was illiterate, totally inexperienced and uninformed with respect to insurance policy claims, and was induced to execute a purported release by the defendant’s agent’s false representations — raised genuine issues of material fact as to the genuineness of the plaintiff’s assent to the purported accord and satisfaction. See Devoe v. Best Motor Co., 27 Ga. App. 619
(2) (109 S.E. 689); Bagley v. Firestone Tire
Page 547
Rubber Co., 104 Ga. App. 736 (123 S.E.2d 179). Cf. Robertson v. Panlos, 208 Ga. 116 (65 S.E.2d 400).
Judgment affirmed. Eberhardt, P. J., and Pannell, J., concur.
ARGUED JUNE 29, 1973 — DECIDED SEPTEMBER 4, 1973.
Action on insurance policy. Sumter Superior court. Before Judge Marshall.
William E. Smith, for appellant.
Myers Parks, Wm. Jonathan Murray, for appellee.