Provident Life & Accident Ins. v. Bertman

HICKS, Circuit Judge.

Appellee, Bertman, brought suit against appellant, Provident Life and Accident Insurance Company (herein called Provident), to set aside a purported settlement of a claim under an insurance policy issued by Provident, and to recover a balance alleged to be lawfully due him for accidental injuries. In the course of the trial the jury was waived by consent and the action was tried by the court.

The court filed findings of fact and conclusions of law and found that the settlement was obtained through fraudulent representations of Provident’s adjuster, Alley, in cooperation…