Dunaway v. United Insurance Co. of America

Oxner, Justice.

In this action, which under plaintiff’s election must be considered as one to recover actual and punitive damages for fraudulent breach of an insurance contract, it is alleged that after refusing to pay a valid claim of $215.00 for sick and hospital benefits due and owing under plaintiff’s policy, the agents of the Insurance Company fraudulently induced him to surrender said policy for cancellation and accept a refund of the premiums paid. The question for determination is whether the action is barred by the failure of the plaintiff to return or offer to return the money…