Life Policy Found Void as an Illegal Human Life Wager

In a recent decision issued by the U.S. District Court for the Northern District of Georgia – Atlanta Division, the Court found that an insurance policy taken out on the life of Kelly Douglas Couch and issued by Jackson National Life Insurance Company was void ab initio as “an illegal human life wager.” In a lengthy, 24-page opinion, the Court made a variety of factual findings in reaching its conclusion that the life policy was void.  Relying upon Clements v. Terrell,  167 Ga. 237 (1928), the Court concluded that the “focus of this Court’s inquiry is Mr. Couch’s intent at the time of his procurement of the Policy.” The Court concluded that Jackson National Life Insurance Company had met its burden of proof, and held that based on a “preponderance of the evidence, that Mr. Couch intended to enter into a wagering contract at the time he procured the Policy. As such, the Policy is void ab initio as an unlawful wagering contract under Georgia law.” You can read the Court’s full opinion here.