Martin v. Fidelity & Cas. Co. of New York

The plaintiff appeals from dismissal of her claims for breach of contract, trespass and fraud. We reverse on the contract and fraud claims, and remand.

The second amended complaint alleges that the plaintiff, Ouida Martin, had insurance on her home with the defendant, Fidelity Casualty Company of New York. On September 23, 1975, Hurricane Eloise damaged her home. The complaint goes on to read as follows:

"(6) That within a period of a few days an adjuster from the Defendant, Underwriters Insurance [Adjustment] Company, appeared at Plaintiff's home and with a contractor surveyed the damage to…