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Barnes v. Greater Ga. Life Ins. Co.

Plaintiff was not entitled to accidental death benefits under her son's life insurance since policy excluded losses caused by the commission of a crime and the son was driving under the influence when he died.

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Leila Barnes sued Greater Georgia Life Insurance Company when it failed to pay accidental death benefits under her son’s life insurance policy. Greater Georgia Life moved for summary judgment, contending accidental death benefits were excluded because the deceased was killed while driving under the influence of alcohol. The trial court granted the life insurance company’s motion for summary judgment, and Barnes appeals. Because driving under the influence of alcohol is a crime which falls within the exclusion in the group policy at issue, we affirm.

The facts in the present case are undisputed. James Ford was insured under a group life insurance policy issued by Greater Georgia Life, and Barnes was the named beneficiary of the life insurance policy. While driving, Ford began to swerve and then drive on the wrong side of the road. Despite attempts from another motorist to flash his lights and warn Ford he was on the wrong side of the road, Ford continued and collided head-on with a car being driven in the opposite direction. Ford was killed. Blood and urine samples drawn at the hospital indicated a blood alcohol level of .27 grams and the presence of marijuana in Ford’s blood.

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