Winchester v. United Insurance Co.

Taylor, Justice.

This appeal arises from an action brought in the County Court for Union County to recover damages for the alleged wrongful cancellation of an insurance policy issued to respondent Henry B. Winchester by Capital Life Insurance Co., on March 1, 1954. The policy provided for hospitalization and accidental death benefits. The Capital Life Insurance Co. subsequent to the issuance of the policy was acquired and its liabilities assumed by appellant United Insurance Company. Upon motion of appellant that respondent be required to elect whether to proceed under contract or tort, he…