Smith Ex Rel. Stephan v. AF & L Insurance Co.

AE & L Insurance Company (“Insurer”) appeals from the judgment entered against it by the Circuit Court of Osage County, finding that it breached its long-term care insurance contract with Clara Smith (“Insured”) and awarding her damages based upon her life expectancy and vexatious refusal to pay. We affirm in part and reverse and remand in part.

The parties do not dispute the underlying facts. Insured is a woman who was a month away from her 79th birthday when she applied for a replacement long-term care policy with Insurer in the fall of 1999. Her husband of 53 years had died five years…