Blackman v. Independent Life & Acc. Ins. Co.
Decision Date | 28 February 1956 |
Docket Number | No. 17125,17125 |
Citation | 91 S.E.2d 709,229 S.C. 54 |
Court | South Carolina Supreme Court |
Parties | Elizabeth BLACKMAN, Appellant, v. The INDEPENDENT LIFE and ACCIDENT INSURANCE COMPANY and R. A. Geddings, Respondents. |
James P. Mozingo, III, Benny R. Greer, Darlington, for appellant.
Paulling & James, Darlington, for respondents.
This is an action by the appellant, plaintiff below, wherein the plaintiff seeks judgment for both actual and punitive damages upon plaintiff's contention, denied by defendants, that the defendants did, with fraudulent intent accompanied by a fraudulent act, breach the terms of an insurance policy of which the appellant was the beneficiary.
The complaint, which is set out in full in the transcript, alleges that on or about the 27th of April, 1953, the defendant company issued its policy insuring the life of Leland Stewart, a brother of the appellant, in the amount of two thousand dollars against accidental death, and that Stewart came to his death accidentally on or about the 5th of October, 1953, and that by reason of his death the plaintiff, who was the beneficiary under the said policy, was entitled to be paid two thousand dollars, that the defendant company refused to pay the amount claimed, and this action was brought seeking the recovery of two thousand dollars actual damages and twenty-five thousand dollars punitive damages.
The respondents, in their answer, admitted having issued to the deceased a policy but alleged that the said policy had lapsed for non-payment of premiums and denied the other allegations of the complaint, expressly reserving the right to have heard their motion to strike from the complaint certain portions thereof, for the construction of the complaint as to the nature of the cause of action, or, failing therein, then to require the plaintiff to elect whether she would proceed ex contractu or ex delicto.
The grounds of the motion to strike were
The motion to strike is directed to Paragraphs 4 and 5 of the complaint and the prayer thereof. They are as follows, the italicized portions being the parts stricken by the trial judge, he having refused to strike Paragraph 4 in its entirety as requested:
'Wherefore plaintiff demands judgment against the defendants in the amount of Two Thousand ($2,000.00) Dollars actual damages and Twenty-Five Thousand ($25,000.00) Dollars punitive damages, and for the costs and disbursements of this action.'
The trial judge also held that the complaint stated a cause of action ex contractu.
The appellant, now seeking a...
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