Chapter 25. LIFE INSURANCE  

CROSS REFERENCES. --Definition of life insurance, § 33-7-4. Offering of life insurance by fraternal benefit societies, § 33-15-60. Industrial life insurance, T. 33, C. 26. Group life insurance, T. 33, C. 27. Annuity and pure endowment contracts, T. 33, C. 28.
 
LAW REVIEWS. --For article discussing life insurance trusts, particularly in terms of tax considerations, see 4 Ga. St. B.J. 221 (1967). For article, "Estate Planning: The Use of Insurance to Fund Stock Purchase Agreements," see 9 Ga. St. B.J. 303 (1973). For article surveying recent legislative and judicial developments regarding Georgia's insurance laws, see 31 Mercer L. Rev. 117 (1979).
 
RESEARCH REFERENCES
 
Am. Jur. Proof of Facts. --Decedent's Intent to Change Beneficiary of Life Insurance Policy, 1 POF2d 437.
   Fraudulent Cancellation of Life Insurance, 5 POF2d 587.
   Innocent Misrepresentation of Physical Condition by Applicant for Life or Health Insurance, 23 POF2d 53.
   Fact of Death, 28 POF2d 81.
   Materiality of Applicant's Misrepresentation in Application for Life or Health Insurance, 3 POF3d 367.
   Litigating the Suicide Exclusion in Life Insurance Policies, 20 POF3d 705.
   Insurer's Liability for Improper Issuance or Maintenance of Life Insurance Policy, Prompting Murder or Attempted Murder of Insured, 37 POF3d 149.
   Substantial Compliance with Requirements of Life Insurance Policy Regarding Change of Beneficiary, 44 POF3d 377.
 
ALR. --Upon whom rests duty to pay premiums on policy of life insurance assigned as collateral, 1 ALR 1673.
   Validity, construction, and effect of provisions in life or accident policy in relation to military service, 4 ALR 848.
   Ignorance of other members as to existence, or terms, of policy of insurance taken out in favor of society or association by a member, as excusing performance of conditions after loss, 13 ALR 1391.
   Insurance: death or injury resulting from insured's voluntary act as caused by accident or accidental means, 14 ALR 788; 35 ALR 1191; 42 ALR 243; 45 ALR 1528; 71 ALR 1437; 111 ALR 628.
   Duty of insurer to give notice of termination of agency, 14 ALR 846.
   Statutory provisions relating to the amount or basis of computation upon settlement of life insurance policies, 17 ALR 960.
   Death as within provision exempting insurer or limiting liability in case of injury or disability intentionally inflicted, 22 ALR 299.
   Insurance: illustrations concerning accumulations, dividends, surplus, 22 ALR 1284; 127 ALR 1464.
   Liability of insurer under policy payable to representatives or estate as between domiciliary and ancillary representative, 24 ALR 148.
   Effect of unsuccessful attempt to change beneficiary of life insurance, 24 ALR 750.
   Validity of option provisions in life insurance policy which vary from the statutory provisions, 26 ALR 103; 115 ALR 1389.
   Insurance: applicability of provisions as to injuries intentionally inflicted, where insured is injured because of mistake of identity, 26 ALR 129.
   Statutory provision that no one but insured can defeat his direction that proceeds of life insurance be paid to a designated beneficiary as affecting equitable rights of creditors or persons whose money was wrongfully used in paying premiums, 26 ALR 1408.
   Date from which life insurance premium periods are to be computed, 32 ALR 1253; 80 ALR 957; 111 ALR 1420; 169 ALR 290.
   Refusal of original beneficiary to surrender policy as affecting attempted change of beneficiary, 36 ALR 771.
   "Permanent disability" within insurance policy as confined to disability lasting until death, 40 ALR 1386; 97 ALR 126.
   Insurance: effect of incontestable clause on supplemental contracts, 45 ALR 1369.
   Group insurance, 55 ALR 1245.
   Meaning of "personal representative," "lawful representative," or term of similar import, in insurance policy, bond, or other contract, 59 ALR 838.
   Contractual provision for lapse of policy or certificate in event of disappearance of insured or his failure to report to insurer, 65 ALR 1038.
   War risk, life, and disability insurance, 73 ALR 319; 81 ALR 933.
   Presumption of death of insured in relation to time of death as affecting failure to pay premiums during seven-year period, 75 ALR 630.
   Rights and remedies of beneficiary after death of insured who had pledged policy to secure debt, 83 ALR 77; 160 ALR 1389; 91 ALR2d 496.
   Right of third person who voluntarily or upon request pays life insurance premiums or loans money to insured for such purpose as against beneficiary or proceeds of policy payable to beneficiary where there was no assignment, 88 ALR 239.
   Provision for autopsy in policy of life or accident insurance, 88 ALR 984.
   Disability feature of insurance contract as subject of rescission apart from life insurance feature, 91 ALR 1470.
   Assignment of policy insuring life of minor, 95 ALR 205.
   Burden of proof as regards payment or nonpayment of renewal premiums or assessments on policy of life or accident insurance, 95 ALR 745.
   Time of operation of suicide clause as affected by reinstatement of policy, 98 ALR 344.
   When insured deemed to be totally and continuously disabled or unable to transact all business duties, 98 ALR 788.
   Construction, application, and effect of provisions of war risk insurance precluding or terminating, because of misconduct, the right of one otherwise entitled to benefits, 99 ALR 1284.
   Validity and enforceability of promise by beneficiary of life insurance to insured to pay proceeds, in whole or part, to third person, 102 ALR 588.
   Life insurance as assets under Bankruptcy Act, 103 ALR 239; 169 ALR 1380.
   Retroactive effect of statute prescribing terms or rights under life insurance policies, 106 ALR 46.
   Form and contents of notice or proof that will satisfy requirement of "due proof of disability" in provision of life insurance policy with disability features, 109 ALR 825.
   Presumption and burden of proof regarding provision of policy of life insurance that it shall not take effect unless insured is in good health, 109 ALR 921.
   Change in, renewal of, or substitution for original policy of life insurance as affecting time limitation prescribed by original policy in respect of defenses available to insurer, 110 ALR 1139.
   What constitutes bodily injury within policy of accident insurance or accident feature of life policy, 117 ALR 739.
   False answer in application for life insurance to question regarding previous rejection, 120 ALR 1425.
   Requisites and sufficiency of proofs of loss where disease or other physical condition which in itself is not within, or is expressly excluded from, the coverage of an accident policy or double indemnity provision of a life policy results from, or is attributable to, a clause within the coverage, 126 ALR 616.
   Assignment by insured of life policy reserving right to change beneficiary, as affected by failure to comply with provisions of policy respecting change of beneficiary, 135 ALR 1040.
   Period of indemnity benefits for total and permanent disability under provisions of life insurance policy in that regard, 135 ALR 1228.
   Scope and application of provisions of accident policy, or accident feature of life policy, relating to accident in connection with automobile or other motor vehicle, 138 ALR 404; 78 ALR2d 1044.
   Burn as an accident or caused by accidental means within coverage of life or accident insurance policy, 138 ALR 1514.
   Burden of proof, in accident policy or accident feature of life policy, as regards conditions which by terms of the policy, limit or exclude coverage, 142 ALR 742.
   Insanity of insured as excusing lack of, or delay in, notice or proof of accident or disability, 142 ALR 852.
   Construction and application of "exchange of policy" or "conversion" clauses in term policy or other life policy, 142 ALR 1260.
   Right on death of insured to present commuted value of insurance payable by terms of policy in instalments, 145 ALR 944.
   Life insurance benefits as within power of courts to hasten enjoyment of trust funds, 145 ALR 1374.
   Validity, construction, and effect of provision in application for life insurance respecting consultation with or treatment by physician since medical examination by insurer's physician, 148 ALR 461.
   Excess payment and receipt of life insurance premiums as carrying additional insurance benefits, 161 ALR 1000.
   Provision of life insurance policy limiting insurer's liability under specified conditions to return of premiums, as subject to waiver or estoppel by reason of agent's knowledge of breach of condition respecting insured's health, 163 ALR 691.
   Application of community property system to problems arising in connection with life insurance policies, 168 ALR 342.
   Trust receipts, 168 ALR 359.
   Revocability by insured of provisions of life or endowment policy respecting payment of proceeds, 171 ALR 758.
   Rights and remedies under contract by party to procure insurance on his own life, 12 ALR2d 983.
   Proof of death or injury from external and violent means as supporting presumption or inference of death by accidental means within policy of insurance, 12 ALR2d 1264.
   Capacity of minor insured to effect a change of beneficiary, 14 ALR2d 375.
   Change of beneficiary in old line insurance policy as affected by failure to comply with requirements as to manner of making change, 19 ALR2d 5.
   Power of guardian of incompetent to change beneficiary in ward's life insurance policy, 21 ALR2d 1191.
   Right with respect to proceeds of life insurance of one whose funds have been wrongfully used to pay premiums, 24 ALR2d 672.
   Construction and effect of clause of life, health, or similar policy insuring against "loss of business time," 31 ALR2d 1222.
   Gift of life insurance policy, 33 ALR2d 273.
   Death or injury resulting from insured's voluntary act in taking overdose of medicine, drugs, or the like, as caused by accident or accidental means, 52 ALR2d 1083.
   Effect of provision for coverage or double indemnity in case of injury or death in consequence of burning of building, 55 ALR2d 398.
   Hernia following exertion or exercise as within terms of accident provision of insurance policy, 55 ALR2d 1180.
   Provision in life insurance policy excluding or limiting liability if insured is not in sound health on date or delivery of policy as confined to change in condition after making or acceptance of application, 60 ALR2d 1429.
   State succession, transfer, inheritance, or estate tax in respect of life insurance and annuities, 73 ALR2d 157.
   Arteriosclerosis as affecting right to recovery under accident policy or accident provision of life policy, 82 ALR2d 611.
   Death or injury resulting from shock, fright, or other "psychic trauma," as within coverage of accident policy or accident provisions of life policy, 93 ALR2d 578.
   Liability under accident policy, or accident feature of life policy, for injury or death from freezing or exposure to cold, 4 ALR3d 1177.
   Beneficiary's ignorance of existence of life or accident policy as excusing failure to give notice, make proofs of loss, or bring action within time limited by policy or statute, 28 ALR3d 292.
   Insurance on life of partner as partnership asset, 56 ALR3d 892.
   Payment of premiums by corporation on corporate officer's life insurance policy as affecting right to policy, 56 ALR3d 1086.
   Who is "fare-paying passenger" within coverage provision of life or accident insurance policy, 60 ALR3d 1273.
   Insurance: term "children" as used in beneficiary clause of life insurance policy as including illegitimate child, 62 ALR3d 1329.
   Elimination of particular coverage, or termination, of health, hospitalization, or medical care insurance policy as affecting insurer's liability for insured continuing hospitalization or medical expenses relating to previously covered illness, 66 ALR3d 1205.
   Right of named beneficiary, upon change of beneficiary, to recover premiums paid on life insurance policy, 92 ALR3d 1330.
   Liability of insurer for damages resulting from delay in passing upon an application for life insurance, 1 ALR4th 1202.
   Heart attack following exertion or exercise as within terms of accident provision of insurance policy, 1 ALR4th 1319.
   Property settlement agreement as affecting divorced spouse's right to recover as named beneficiary under former spouse's life insurance policy, 31 ALR4th 59.
   Insurer's tort liability for wrongful or negligent issuance of life policy, 37 ALR4th 972.
   Failure to disclose terminal illness as basis for life insurer's avoidance of high-risk, high-premium policy requiring no health warranties or proof of insurability, 42 ALR4th 158.
   Divorce and separation: method of valuation of life insurance policies in connection with trial court's division of property, 54 ALR4th 1203.
   Credit life insurer's punitive damage liability for refusing payment, 55 ALR4th 246.
   Accident or life insurance: death by autoerotic asphyxiation as accidental, 62 ALR4th 823.
   Estoppel of, or waiver by, issuer of life insurance policy to assert defense of lack of insurable interest, 86 ALR4th 828.