Hawthorne Industries, Inc. v. Poole

Court of Appeals of Georgia

Hawthorne Industries, Inc. v. Poole

238 S.E.2d 719, 143 Ga. App. 366, 1977 Ga. App. LEXIS 2321

CourtCourt of Appeals of Georgia

DecidedSeptember 19, 1977

Docket54497

StatusPublished

This text of 238 S.E.2d 719 (Hawthorne Industries, Inc. v. Poole) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hawthorne Industries, Inc. v. Poole, 238 S.E.2d 719, 143 Ga. App. 366, 1977 Ga. App. LEXIS 2321 (Ga. Ct. App. 1977).

Pincite

Opinion

Webb, Judge.

Is the cash surrender value of a life insurance policy, for the withdrawal of which no steps have been taken by the insured, subject to garnishment by a judgment creditor of the insured?

The question was answered in the negative by the trial court which dismissed the garnishment action. A like question had been answered in the negative by the Supreme Court in Farmers &c. Bank v. National Life Ins. [367]*367Co., 161 Ga. 793 (131 SE 902) (1926). "A creditor of the insured cannot garnish the insurer merely because the insured has an unexercised right to exercise an option to take the cash-surrender value of the policy.” 18 Couch on Insurance 2d 318, § 74: 114.

Argued September 8, 1977 Decided September 19, 1977 Rehearing denied September 30, 1977 Mitchell, Mitchell, Coppedge, Boyett, Wester & Bates, J. Raymond Bates, Jr., for appellant. Joe Tuggle, Philip R. Lazzara, for appellees.

Judgment affirmed.

Deen, P. J., and Birdsong, J., concur.

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