Evans v. Wabash Life Insurance

Brailsford, Justice.

This is an appeal from a verdict and judgment for plaintiff for $900.00 actual damages and $3600.00 punitive damages in an action for the alleged breach of an insurance contract accompanied by a fraudulent act. At the conclusion of plaintiff’s testimony, the defendant insurance company moved to strike from the complaint the allegations relating to fraud and punitive damages upon the ground that plaintiff’s evidence was insufficient to establish fraud. This motion was overruled, and the defendant presented the testimony of three witnesses. Upon the conclusion of all of the…