Southern Life and Health Ins. Co. v. Whitman

Plaintiffs brought actions on the insurance contract and for fraud against Southern Life and Health Insurance Company on each of two $1,000 industrial life insurance policies. Southern Life appeals from the jury award of two $1,000,000 judgments. We reverse and remand.

Mr. Whitman, a 63 year old man with numerous health problems, received two unsolicited $1,000 "instant issue" policies from the defendant, through its soliciting agent, Redding. When Whitman indicated that there must have been a mistake because of his bad health, and, at any rate, he could not afford the premiums, Redding…