Simmons v. Service Life & Health Ins. Co.

Stukes, Justice.

The plaintiff, now appellant, brought this action for $10,-000.00 actual and punitive damages for the alleged fraudulent breach of a contract of life insurance with death benefit of $150.00. In the extracts from the policy which are included in the appeal record, no other benefit appears. However, the complaint, which is included in full in the record, contains in the sixth paragraph the allegation that the in sured-plaintiff was totally and permanently disabled when the policy, quoting from the complaint, “was lapsed as the agent * * * well knew or should have known.” The…