Wells

Plaintiff, Ruth Wells, appeals from judgment in favor of defendant John Hancock Mutual Life Insurance Company (John Hancock) after John Hancock’s demurrer to her first amended complaint was sustained with leave to amend, but she failed to do so.

Facts

The various causes of action which plaintiff has attempted to allege against John Hancock, arise out of these basic facts:

The First Amended Complaint

The first amended complaint contains five causes of action, only four of which concern John Hancock, the first being directed against the administrator of Parker’s estate. The second cause of action, labeled “Fraud and Deceit,” alleges that John Hancock fraudulently represented to plaintiff that there had been no prior assignment of the policy and that it was in full force and effect and that John Hancock made these misrepresentations intending to defraud plaintiff in various respects. Had plaintiff been advised of the true condition of the policy she would have taken “necessary action to obtain other, more adequate, security for the . . . three notes.” In addition, John Hancock’s nondisclosure of the lapse of the policy prevented plaintiff from attempting to revive it by…