Foster v. United Insurance Co. of America

Bussey, Justice.

This is an action on a life insurance policy in the amount of $500.00, in which plaintiff-respondent, as named beneficiary, sought to recover both actual and punitive damages, and elected on the trial of the cause to proceed on the theory of a breach of the contract accompanied by a fraudulent act or acts. At the conclusion of plaintiff’s evidence, the defendant-appellant moved for an involuntary nonsuit on several grounds, including lack of any insurable interest in the life of the insured, which motion was denied, at least in part, on the ground that the defendant had…