Loney v. Primerica Life Insurance

I must respectfully dissent, because the plaintiff is unable to demonstrate any state of facts justifying a recovery under this count of her complaint. OCGA § 9-11-12 (c).

As the majority acknowledges, a policy obtained without the knowledge and consent of the insured is void ab initio as against public policy. OCGA § 33-24-6 (a); Wood v. N.Y. Life Ins. Co., 255 Ga. 300, 303-304 (336 SE2d 806) (1985); Time Ins. Co. v. Lamar, 195 Ga. App. 452, 453-454 (393 SE2d 734) (1990). This principle of public policy cannot be waived, nor can it be eliminated by estoppel. “Regardless of the legal theory…