Brown v. United Insurance Co. of America

Gregory, Justice:

Appellant Brown sued respondent United for fraud and deceit in connection with the sale of a health insurance policy. At the pretrial conference the trial judge granted United’s oral demurrer and “motion for judgment on the pleadings and upon the record” (quoted from the agreed statement of the case). The issue is whether the trial judge erred in considering matters outside the face of the complaint and amended complaint. We find no error and affirm.

In his complaint and amended complaint, Brown alleged that an agent of United had sold him a health insurance policy with…