Legal Opinion · Dissent
Liberty National Life Insurance Co. v. White
Court of Civil Appeals of Alabama
Decided June 11, 1999No. 2980255Published
1DissentCrawley, Judge
I conclude that the trial court erred by submitting the fraudulent-suppression claim regarding the reduced-death-benefit policy to the jury. White testified that she had the policies in her possession but that she never read them. The policies contained the information White alleges Liberty National suppressed; therefore, White is precluded from asserting a fraudulent-suppression claim.
“If one receives from a defendant documents that put [her] on notice of the very facts alleged to have been suppressed, then that defendant cannot have suppressed those facts. See, e.g., Robinson v. JMIC Life…
2Cases cited5 opinions
- Henson v. Celtic Life Ins. Co.Supreme Court of Alabama · 1993
- Hardy v. Blue Cross and Blue ShieldSupreme Court of Alabama · 1991
- Robinson v. JMIC Life Ins. Co.Supreme Court of Alabama · 1997
- Richardson v. Liberty Nat. Life Ins. Co.Court of Civil Appeals of Alabama · 1999
- Tillery v. Security Pacific Financial Services, Inc.Court of Civil Appeals of Alabama · 1997