Fitts v. Standard Life & Accident Insurance Co.

HODGES, Justice.

This is an appeal from a motion granting a new trial after the jury returned a verdict for appellant based upon purported improper closing argument by counsel.

The case involved suit on two hospital insurance policies which contained special accidental death benefits. Appellee contends that statements by defense counsel concerning misrepresentation in application for insurance made by decedent during closing argument were improper because the defense of misrepresentation was not plead and was not properly brought before the court. Appellees contend that such improper statements…