(DOWNLOAD) "Koral Industries v. Security-Connecticut Life Insurance Company" by Supreme Court Of Utah * Book PDF Kindle ePub Free
eBook details
- Title: Koral Industries v. Security-Connecticut Life Insurance Company
- Author : Supreme Court Of Utah
- Release Date : January 23, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
Koral Industries, Inc. contends on appeal that the jury findings and the applicable law entitle it to a more favorable judgment than that rendered by the trial court. Koral brought suit as the beneficiary of a life insurance policy issued by Security-Connecticut Life Insurance Company. The judgment awarded Koral the face amount of policy benefits, statutory penalties, postjudgment interest, attorneys fees, and actual damages proximately caused by settlement delay. In addition, however, Koral had sought other damages based upon breach of a duty of good faith and fair dealing, violation of the Deceptive Trade Practices Act (DTPA), and violation of the Insurance Code. The trial court disallowed these damages. Security-Connecticut contends by cross-appeal that Koral is entitled to no money damages. At trial, Security-Connecticut had asserted fraudulent inducement as a defense and had counterclaimed for a declaratory judgment rescinding the policy. We agree with Security-Connecticuts contentions that the jury findings effectively rescind the policy. Accordingly, we reverse the judgment of the trial court and render a take-nothing judgment against Koral. Further, we affirm that part of the trial courts judgment denying Security-Connecticuts request for attorneys fees.