Whitmire v. Provident Life & Accident Insurance

The defendant has done no more than it had a right to do under the terms of its contract. In recognition of this fact, the plaintiff has bottomed his alleged cause of action on fraud and deceit, and seeks to recover in tort, but a careful perusal of the record leaves us with the impression that it is barren of evidence sufficient to carry the ease to the jury on the theory advanced by the plaintiff.

It appears from the testimony that under date of 1 September, 1931, the plaintiff received a letter' from the defendant advising him that continuance of the insurance was contingent on not less…