Josephine C. Womack v. Blue Cross and Blue Book Reviews

Josephine C. Womack v. Blue Cross and Blue by Supreme Court of Texas Book Summary

Plaintiff, Josephine Womack, sued to recover benefits under a health and accident policy. Defendant, Blue Cross and Blue Shield, defended on the ground that several questions on its application had not been answered truthfully by plaintiff. The trial Judge submitted the case to the jury for a general verdict. The jury found for the plaintiff and awarded a twenty-five percent bad faith penalty. The trial Judge eliminated the bad faith penalty but approved the verdict for the plaintiff for the sum due under the policy. The Court of Appeals reversed and dismissed, finding that plaintiffs answers to questions (j) and (n) were "indisputably incorrect" and that as a matter of law the misrepresented facts materially increased the risk of loss and that the trial Judge should have granted defendants motion for a directed verdict.

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Josephine C. Womack v. Blue Cross and Blue (Supreme Court of Texas) Book Reviews 2024

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