Kennesaw Life & Acc. Ins. Co. v. Flanigan
| Decision Date | 10 October 1966 |
| Docket Number | No. 2,Nos. 42241,42242,s. 42241,2 |
| Citation | 114 Ga.App. 510,151 S.E.2d 881 |
| Parties | KENNESAW LIFE & ACCIDENT INSURANCE COMPANY v. Nina R. FLANIGAN. KENNESAW LIFE & ACCIDENT INSURANCE COMPANY v. T. E. FLANIGAN, Sr |
| Court | Georgia Court of Appeals |
Jones & Kemp, Charles M. Jones, Hinesville, for appellant.
L. H. Hilton, Sylvania, for appellees.
Syllabus Opinion by the Court
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 & Acc. Ins. Co., 53 Ga.App. 572, 574, 186 S.E. 719; Cosby v. Asher, 74 Ga.App. 884, 887, 41 S.E.2d 793; Ambrose v. Brooks, 109 Ga.App. 881, 882, 137 S.E.2d 573; Clinton v. State Farm Mutual Auto. Ins. Co., 110 Ga.App. 417, 419, 138 S.E.2d 687; Strickland v. Levys of Savannah, Inc., 112 Ga.App. 665, 666, 145 S.E.2d 831.
The trial court erred in overruling the defendant's general demurrers to the plaintiff's petitions.
Judgment reversed.
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