Patterson v. Capital Life & Health Insurance

Oxner, Justice.

This is an action to recover both actual and punitive damages for alleged breach of an insurance contract. It is here on appeal by plaintiff from an order granting a motion by defendant to strike all allegations of the complaint appropriate to recovery of punitive damages, upon the ground that the facts stated do not warrant the recovery of such damages.

Plaintiff alleged that in March, 1952, defendant issued to her a policy of insurance wherein, in consideration of the payment of a weekly premium of 70‡, it agreed to pay her weekly sick benefits of $10.00 and at her death, to…