BOWEN v. UNITED INS. CO. OF AMERICA

20385

268 S.C. 254 (1977)

233 S.E.2d 298

Jackie BROWN, Appellant, v. UNITED INSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court of South Carolina.

March 16, 1977.


Attorney(s) appearing for the Case

Messrs. Kenneth M. Suggs and Philip E. Wright, of Lee and Suggs, Columbia, for Appellant.

Philip Wittenburg, Esq., of Levi, Wittenberg and Abrams, Sumter, for Respondent.


March 16, 1977.

GREGORY, Justice:

Appellant Brown sued respondent United for fraud and deceit in connection with the sale of a health insurance policy. At the pretrial conference the trial judge granted United's oral demurrer and "motion for judgment on the pleadings and upon the record" (quoted from the agreed statement of the case). The issue is whether the trial judge erred in considering matters outside the face of the complaint and amended complaint....

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