Walker v. Empire Life Insurance

Citations

• 33 Ohio C.C. Dec. 238
• 18 Ohio C.C. (n.s.) 591
• 1905 Ohio Misc. LEXIS 361

Syllabus

<p>INSURANCE</p> <p>Tender of Settlement Amount Prerequisite to Action for Recovery of Full Proceeds of Insurance Policy.</p> <p>A petition which recites that the plaintiff was entitled to receive the sum of $3,000 from an insurance company on a policy for that amount issued on the life of her father, but that by the fraud of the company she was induced to accept $2,000 in full for her claims under the policy, and asking judgment against the company for the balance of $1,000, does not present a case in tort, for damages arising from the fraud, but is on the contract of insurance and can not be maintained until the $2,000 paid by the insurance company has been returned or tendered to it.</p>