- 8 - F.2d 610, 612-613 (10th Cir. 1965), affg. T.C. Memo. 1964-33; Agar v. Commissioner, 290 F.2d 283, 284 (2d Cir. 1961), affg. per curiam T.C. Memo. 1960-21; Bagley v. Commissioner, 105 T.C. 396, 406 (1995), affd. 121 F.3d 393 (8th Cir. 1997). B. Underlying Complaints and Nature of the Claim Petitioners contend that the underlying complaints and nature of their claims were for relief from personal injuries. We disagree. In the complaints, petitioners sought an unspecified amount of punitive and compensatory damages, but they requested no relief for personal injuries or sickness. Petitioners’ four causes of action related to petitioners’ purchase of the United insurance policies and United’s denial of petitioners’ claims for benefits under those policies. Petitioners’ claims are in the nature of breach of contract, see Gray v. Reynolds, 553 So. 2d 79, 82 (Ala. 1989) (breach of contract occurs when a party to a contract fails to do a particular thing that he or she promised to do); Seybold v. Magnolia Land Co., 376 So. 2d 1083, 1085 (Ala. 1979) (same); 17A Am. Jur. 2d, Contracts, sec. 441 (1991), not in terms which indicate that they sought relief for personal injuries or sickness. Neither petitioners’ complaints nor the nature of their claims support their contention that United’s payments to them were on account of personal injuries or sickness.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011