George L. Williams v. Mutual of Omaha

HAYNSWORTH, Circuit Judge.

Upon a claim of a fraudulent breach of a contract of health and accident insurance, judgment was entered in the District Court requiring the insurance company to pay to the plaintiff $12,000 actual damages and $3,000 punitive damages. Its motions for the direction of a verdict in its favor, and for judgment notwithstanding the verdict, were denied. We conclude that the denial of these motions was improper.

In 1928, the insurance company issued to the plaintiff, Williams, then a resident of Florida, a health and accident insurance policy. 1 The plaintiff chose to pay…