Usher v. Allstate Insurance Company

Rogosheske, Justice.

In this action to recover health insurance hospital expense benefits upon alternative theories of breach of an implied contract for interim insurance or tort liability for an unreasonable delay in acting upon decedent’s application for insurance, the trial court at the close of plaintiff’s case in chief directed a jury verdict for defendant insurance company upon the ground of plaintiff’s failure of proof. Plaintiff appeals, contending that there were fact questions presented as to when coverage was effective and as to plaintiff’s claim of unreasonable delay in acting upon…