Dinkins

Defendant appeals from the judgment in an action brought by its insured, plaintiff George R. Dinkins. The judgment, entered upon the jury’s special verdicts, awarded plaintiff (1) $1,000—the face amount of the subject insurance policy; (2) $25,000—as damages for emotional and mental distress; and (3) $25,000—in punitive damages. The judgment further reflected the jury’s special finding exonerating defendant from allegations of fraud and also included an award to plaintiff of $2,750 for attorney fees, that award pursuant to a stipulation that the trial judge would determine whether attorney fees were to be awarded and, if so, the reasonable amount thereof.

The policy in question was a family life policy naming as insureds plaintiff and five of his eleven children, including his daughter Glinda Ann. The policy provided for payment to plaintiff in the amount of $1,000 upon Glinda Ann’s death. Glenda Ann died of gunshot wounds during the contestable period of the policy term. Plaintiff’s claim on the policy was denied, the company contending it was entitled to rescind the policy because of concealment or misrepresentation of material fact by plaintiff with respect to the…