Loney v. Primerica Life Insurance

McMurray, Presiding Judge.

In August 1991, defendant Primerica Life Insurance Company issued a life insurance policy on the life of Jesse James Smith. Smith’s daughter, plaintiff Chantell Loney, was named as the beneficiary on the policy. After Smith died in February 1993, defendant denied coverage based on the absence of a genuine signature of Smith on the application and due to a material misrepresentation on the application regarding the health history of Smith.

Plaintiff filed this action for damages predicated on two alternative theories. Count 1 is a breach of contract claim based on the…