Travelers Inc. v. Patterman

Under O.C.G.A. § 33-4-1 2, plaintiffs could bring their claim that insurers used deception to convert their whole life policies to term policies in any county where at least one insurer had an agent.

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This Court granted certiorari to the Court of Appeals to consider its decision in Patterman v. Travelers, Inc., 235 Ga. App. 784 510 SE2d 307 1998, and whether the Court of Appeals was correct in determining that the venue provision of OCGA § 33-4-1 2 is applicable to this action.

The Pattermans, who are California residents, filed suit against Travelers, Inc., Primerica Financial Services, Inc. “PFS”, Primerica Life Insurance Company “PLI”, and National Benefit Life Insurance Company, alleging various claims of fraud, negligence, racketeering, and unfair business practices. The Pattermans switched their life insurance from whole life policies to less expensive term life policies sold by PLI, and invested the money received and saved in mutual funds issued by PFS. They allege they took these actions based upon false or misleading representations by one of PLI’s agents. After losing money when the mutual funds did not perform as expected, the Pattermans canceled their insurance policies, closed their mutual fund accounts, and filed suit in the Superior Court of Richmond County, claiming the defendants sought out cash value life insurance policy holders to induce them, through deceptive sales techniques, to purchase defendants’ policies and mutual funds. The Pattermans alleged that the acts complained of occurred in Georgia, and claimed venue was correct in Richmond County by virtue of OCGA § 33-4-1 2, which reads “whenever any person shall have a claim or demand on any insurer, such person may bring an action in any of the following places: . . . 2 In any county where the company shall have an agent or place of doing business.” It is undisputed that at least one defendant has an agent or place of doing business in Richmond County.

Travelers Inc. v. Patterman

Under O.C.G.A. § 33-4-1 2, plaintiffs could bring their claim that insurers used deception to convert their whole life policies to term policies in any county where at least one insurer had an agent.

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