Davis v. Southern United Life Ins. Co.

Sue Davis appeals from a summary judgment granted to Southern United Life Insurance Company (hereinafter "Southern") and Ralph Howell on the issues of breach of contract and fraud. We reverse the trial court's summary judgment as to the contract claim. We affirm as to the fraud claim.

In January 1965, Aveline Knight, the decedent, purchased a memorial policy from Southern. Under its terms, she was to pay on the policy for a period of 15 years and, on her death, a grave monument of $125 retail value was to be provided. Aveline Knight died on February 16, 1982, having paid all amounts owed under…