Martin v. Federal Life Insurance Co.

Plaintiff, George Martin, appeals from an order of the trial court granting defendant Federal Life Insurance Company’s (Federal’s) motion for summary judgment. We reverse and remand.

This is the second appeal in this case. Martin originally filed a three-count complaint against defendant Federal and its president, Joseph D. Austin, now deceased. On motion of the defendant, the complaint was twice stricken and Martin was granted leave to amend. Thereafter, Martin filed a second amended complaint which contained three counts: one, breach of contract and estoppel; two, breach of implied covenant…