Sanders v. Insurance Co. of North America

SPINDEN, Judge.

Linda M. Sanders claims that Insurance Company of North America (INA) defrauded her in 1987 by lying to her about the amount of uninsured motorist benefits available to her under its policy. She has initiated this suit in equity to have the judgment of settlement entered in 1987 set aside because of fraud upon the court. The trial court granted summary judgment for INA. We reverse and remand for further proceedings on Sanders’ claim.

INA issued the policy to ABF Freight System, Inc., which employed Sanders’ husband as a truck driver. Sanders’ husband was killed in 1986 in a…