Calder v. Commercial Casualty Ins. Co.

The opinion of the Court was delivered by

Mr. Justice Eishburne.

This action was brought against the defendant for the recovery of actual and punitive damages arising out of the alleged fraudulent breach of an insurance policy issued to Elva Calder, the wife of the plaintiff, on October 15, 1929. It insured her life for the sum of $50.00, which was payable to the plaintiff, as beneficiary; the policy also provided health insurance and hospital indemnity.

The defendant denied the breach of the contract of insurance, alleged that it had become lapsed by the nonpayment of premiums in accordance…