Unum Life Ins. Co. of Am. v. Crutchfield

UNUM Life Insurance Company of America appeals the decision of the trial court granting class certification to Glendolyn Crutchfield for her claims against UNUM. Because we find that the trial court acted within its discretion, we affirm.

The facts relative to Crutchfield are not in dispute. A Georgia resident and an employee of Singer & Co. in Atlanta, Crutchfield purchased through Singer, UNUM-issued group life insurance policies on her life and her husband’s. She was the beneficiary of her husband’s $10,000 policy. On December 4, 1996, her husband died; six days later she submitted a claim to UNUM for death benefits; and on January 8, 1997, UNUM paid the $10,000 plus 3 post-mortem interest required by the policy in the amount of $18.08. Georgia law, however, requires that life insurers pay post-mortem interest of 6 or 12, depending on the time of payment following the death of the insured. OCGA § 33-25-10. See also OCGA § 33-27-4. According to Crutchfield, she should have been paid interest in the amount of $57.53.