West v. Service Life & Health Ins. Co.

Taylor, Justice.

This action was commenced in the Court of Common Pleas for Anderson County for actual and punitive damages arising out of the alleged fraudulent breach of a contract of insurance.

The testimony shows that appellaant had issued its policy of insurance upon the life and health of respondent which set forth certain payments in the event of hospitalization and provided that, if such hospitalization occurred within the first six months of the life of the policy, the insured was to receive one-half of the amount set forth in the policy; that upon August 1, 1949, which was within the…