Gilmore v. Mutual Benefit Life Insurance

We have been requested to review and overrule the case of New York Life Insurance Co. v. Gilmore, 171 Ga. 894 (supra). That was a unanimous decision of this court, and is binding until it is reviewed and overruled. It requires the unanimous concurrence of all of the Justices to overrule it; and since all of the Justices do not favor overruling the case, the motion is necessarily denied. I dissent from the refusal to review and overrule that ease. The question is of such importance that I think it pardonable to give my reasons for such dissent. The case should be overruled for several reasons:…