Dominguez v. Equitable Life Assurance Society

438 So. 2d 58 (1983)

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Nature of the Case

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Facts

D issued P a disability income policy that provided for $500 per month income for accidental total disability for the insured's lifetime. Shortly after the policy issued, P was involved in an automobile accident which 'caused severe injuries to his body and extremities, including both eyes being knocked out of their sockets, brain damage, multiple large scars, psychiatric problems, periodic incontinence, paralysis of nerve in eye and other physical and mental problems, and mental injuries as well, which resulted in his total disability.' D paid the disability income through August 1979. On April 21, 1980, d sent an agent Millie Dirube to P's. Millie falsely represented to P that she had received a letter from the eye doctor saying that P's eyes were OK now and that P was no longer disabled and falsely represented to P that he was no longer totally disabled, that he was not longer covered under the policy, that the policy was no longer in force, that he had to sign a paper agreeing that no further payments were due under the policy, that it no longer covered him, that he was no longer entitled to receive benefits under the policy and that he was giving up the policy voluntarily. D well knew that P was suffering both physical and mental total disability and was entitled to benefits under the policy and that the representations of Millie were false. A relative of P overheard and intervened at the last minute and prevented P from signing the paper and surrendering the policy. D knew what Millie said was false and in violation of D’s duty of good faith under the contract. D stopped making insurance payments. P sued D in part for intentional infliction of emotional distress. The court dismissed the complaint because P failed to allege additional tortious conduct by D. P appealed.