Howard v. Mutual Sav. Life Ins. Co.

This appeal presents the issue of when a plaintiff is charged with knowledge of fraud by a defendant so as to begin the running of the statutory period of limitations. We hold that in this case the plaintiff's actual knowledge of fraud turns on whether she could justifiably rely on the defendant's representations that she had received all that was due under her insurance policies. We reverse the summary judgment entered by the trial court on the statute of limitations ground.

In December 1983, plaintiff Rosa Mae Howard's husband was diagnosed with cancer and was hospitalized three times before…