25 S.E.2d 233 | Ga. Ct. App. | 1943
Where a life-insurance policy is issued to a beneficiary named therein and the premiums are paid by the beneficiary on his own account, in an action on the policy the burden is on the beneficiary to allege and prove that he had an insurable interest in the life of the insured. The petition did not allege that the policy was issued to the insured, and did not allege that the beneficiary had an insurable interest in the life of the insured. The evidence showed that the policy was issued to the beneficiary who was a first cousin of the insured. The fact that the beneficiary paid the premiums on his own account did not show that he had an insurable interest in the life of the insured. The verdict *338
for the beneficiary was therefore unauthorized. Guaranty Life Insurance Co. v. Graham,
Judgment reversed. Stephens, P. J., and Sutton, J.concur.
