Kennesaw Life & Accident Insurance Company v. Flanigan
Kennesaw Life & Accident Insurance Company v. Flanigan
Opinion
A petition in tort for fraud and deceit predicated upon false and fraudulent representations, made by a duly authorized agent of an insurance company in the sale of a life insurance policy, that the plaintiff would share in the company’s profits, that the defendant guaranteed an annual return of not less than 6 percent, and possibly as much as 15 percent, and that the plaintiff could at her option withdraw any part or all of the sums paid to the company, failed to state a cause of action because the representations upon which the action is predicated were promises and conjectures as to future acts and events. Crozier v. Provident Life &c. Ins. Co., 53 Ga. App. 572, 574 (186 SE 719); Cosby v. Asher, 74 Ga. App. 884, 887 (41 SE2d 793); Ambrose v. Brooks, 109 Ga. App. 881, 882 (137 SE2d 573); Clinton v. State Farm Mut. Auto Ins. Co., 110 Ga. App. 417, 419 (138 SE2d 687); Strickland v. Levy’s of Savannah, 112 Ga. App. 665, 666 (145 SE2d 831).
The trial court erred in overruling the defendant’s general demurrers to the plaintiff’s petitions.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.