Jones v. North Carolina Mutual Life Insurance

122 Ga. App. 383 (1970)

177 S.E.2d 199

JONES

v.

NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY.

44969.

Court of Appeals of Georgia.

Submitted January 12, 1970.

Decided July 6, 1970.

Rehearing Denied July 31, 1970.

Charles D. Wheeler, for appellant.

Lipshutz, Macey, Zusmann & Sikes, John M. Sikes, Jr., for appellee.

DEEN, Judge.

Headnote 1 needs no elaboration. Since the policy although issued was not delivered during the lifetime of the applicant, its provisions are immaterial (Sasser v. Coastal States Life Ins. Co., 113 Ga. App. 17, 19 (147 SE2d 5)) and the existence of liability must depend on whether the…