MacKley v. Allstate Insurance Co.

SOMERVILLE, Presiding Judge.

Plaintiff filed suit against defendant for “fraud and deceit”. The gravamen of plaintiffs action being that “defendant’s agents, servants and employees” fraudulently (fraud in the treaty as opposed to fraud in the factum) induced her to execute a general release as to all claims for damages for personal injuries sustained in an automobile accident on or about October 11, 1975, involving defendant’s insured. Defendant’s motion “to dismiss plaintiff’s petition for failure to state a cause of action for which relief may be granted” was sustained by the trial court and…