Brown v. All American Life & Casualty Co.

Lewis, Chief Justice:

This action for fraud and deceit arose out of the procurement of a release from appellant in settlement of appellant’s claim for disability benefits under a policy of insurance issued by respondent.

In 1969, respondent insurance company issued to appellant an income protection policy which provided monthly benefits in the event appellant became disabled. Total disability payments were to be paid after twenty-four (24) months of total disability only as long as the insured was confined to either a hospital “or to the home in which he resides.” In 1972, appellant suffered a…