Mack v. Life Casualty Ins. Co. of Tenn.

The opinion of the Court was delivered by

Mr. Justice StabrER.

This is an action for damages for the “fraudulent cancellation” of an insurance policy, “in and by the terms of which the defendant agreed to pay to the plaintiff a maximum weekly allowance for sickness or accident of Five Dollars, and in case of death of the plaintiff, to pay to the beneficiary named in said policy the sum of Sixty Dollars.” The complaint alleged, inter alia, that plaintiff paid the weekly premiums, as required by the terms of the contract, for about ten years, but that in April, 1929, defendant’s agent failed to…