Crumv.Jackson Nat'l Life Ins. Co.
In 1999, Kelly Couch, who knew he was HIV-positive, obtained a $500,000 life-insurance policy intending to sell it on the viatical market. Eight months later, brokered by an agency, he sold it to Sterling Crum, who knew of Couch’s condition. After Couch died, Jackson National denied Crum’s claim and argued the policy was an illegal wager. Following a bench trial, a federal district court declared the policy void, finding Crum had not helped procure it but Couch intended a near-term sale. The Eleventh Circuit certified questions about Georgia law. The Supreme Court of Georgia held that a policy an insured procures on his own life with unilateral intent to sell to a buyer lacking an insurable interest is not void as a wager if that buyer or another third party did not participate in procuring it. The Court read OCGA § 33-24-3, enacted after repeal of earlier statutes underlying the insurer’s common-law theory, as omitting any ban based solely on the insured’s intent. It declined to answer a separate question about third-party involvement where the insured is named beneficiary and then sells the policy. All Justices concurred.
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