Sam Ervin and Ella M. Ervin, et al. - Page 8




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          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.                                                                   







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