Lincoln National Life Insurance v. Davenport

McMurray, Presiding Judge.

Defendant the Lincoln National Life Insurance Company sold a disability insurance policy to plaintiff Davenport. The policy contained an exclusion of coverage where disability was caused by injury to the spine. Plaintiff was in an auto accident and an initial report indicated a spinal injury. Defendant withheld payment, on plaintiff’s claim under the policy, contending that plaintiff’s disability, if any, was caused by a spinal injury. Plaintiff filed this action seeking to recover disability benefits along with penalties and attorney fees pursuant to OCGA § 33-4-6.…