Primerica Life Insurance v. James Massengill & Sons Construction Co.

McCullough, judge.

Defendant James Massengill & Sons Construction Company (“JMS”) appeals from an order granting plaintiff Primerica Life Insurance Company’s (“Primerica”) motion for judgment notwithstanding the verdict and entering partial judgment in favor of Primerica and against defendant JMS. After careful review, we affirm.

I. Background

JMS is a construction company owned and operated, at all relevant times, by three brothers: John David Massengill (“John”), Tony W. Massengill (“Tony”), and Jimmy N. Massengill, Sr. (“Jimmy”). Tony served as President of the company, John served as the…