Virginia Connelly v. The Prudential Insurance Company

BUTZNER, Circuit Judge:

In this diversity action governed by Virginia law, Virginia Connelly appeals a judgment for the Prudential Insurance Company denying her major medical coverage notwithstanding a jury verdict in her favor. We reverse, reinstate the verdict, and remand for further proceedings.

I

Connelly’s complaint contained two counts: the first was based on a hospitalization policy and the second on a major medical policy. She asked for a declaration that the major medical policy was in effect and sought recovery of hospital and medical expenses. Prudential’s answer denied liability…