Sturdivant v. Allstate Insurance

Smith, Judge.

Sturdivant sued Allstate Insurance Co. claiming both contractual and tortious damages resulted from Allstate’s failure to pay a claim to Sturdivant as the beneficiary of an insurance contract between Allstate and a third party. Allstate’s motion for a summary judgment was granted and Sturdivant appeals, contending material issues of fact remained as to his claims for compensatory and exemplary damages and attorney fees. We agree and reverse the judgment.

1. As we read the complaint, Sturdivant set forth proper claims for damages both in contract and tort, (a) Contract. Sturdivant…