Hungerpiller v. Acacia Mut. Life Ins. Co.

The opinion of the Court was delivered by

Mr. Justice Baker.

This action was instituted on or about July 23, 1938, and seeks the recovery of $3,000.00 damages, actual and punitive, for the alleged wrongful and fraudulent repudiation and cancellation of a policy of insurance in the face amount of $3,000.00, issued by the respondent on the life of George Allen Hungerpiller, wherein the appellant was designated as beneficiary.

By answer the respondent admitted the execution and delivery of the policy but alleged that it had become lapsed and of no effect on April 1, 1931, during the lifetime of the…