Fraker

John Fraker appeals the trial court’s granting of respondent Sentry Life Insurance Company’s motion for summary judgment on count one of his complaint and the court’s granting of respondent’s motion for judgment on the pleadings on appellant’s amended second count. Count one of appellant’s original complaint sought declaratory relief that he was entitled to insurance payments from respondent for medical expenses he incurred under a policy respondent had terminated. Count two of appellant’s second amended complaint sought damages against respondent for constructive and promissory fraud for representing that appellant was entitled to “lifetime” insurance benefits.

We conclude the court’s rulings were correct, and affirm the judgment.

Facts

Appellant is an independent licensed building contractor. In 1978 he obtained group health insurance through Northwest Employer’s Insurance Trust (Northwest). Respondent underwrote the group policy provided by Northwest.

In November 1983, while the subject policy was in force, appellant injured his right eye. Appellant subsequently lost this eye. For five years he received insurance benefits from respondent totalling nearly $50,000…