term of insurance has passed, we will return your premium when we discover this and will not pay any benefits. If the true age has been stated on the application or policy, and insurance has been issued, the insurance shall be in force and benefits shall be payable. If age is misstated in such a way that you are not eligible for coverage hereunder, our liability will be limited to a ’s attempt to use waiver and estoppel to force an insurer to pay benefits after accepting premiums. Ideal Mutual Ins. Co. v. Lucas, 593 F.Supp. 466 (N.D.Ga.1983) (finding that pilot flight hour requirement was an exclusion and waiver and estoppel could not be used to force insurer to pay where pilot failed to meet requirement); Kessler v. Georgia Int’l Life Ins. Co., 165 Ga.App. 60, 299 S.E.2d 131 (1983) (<HOLDING>). While these courts have sought to structure a
holding that estoppel doctrine could not support an effort to force insurer to pay under a credit disability policy where insured was not gainfully employed at time of application in contravention of policy provision holding insureds general assertion that it expected a liability policy to cover such negligent acts as insured was alleged to have committed would not support application of reasonable expectations doctrine holding that when an insurer files suit to cancel a policy the entire liability of the insurer both on the policy and under the statute is put in issue holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured