White v. American Republic Insurance

GAITAN, Presiding Judge.

Robert K. White, plaintiff-appellant, brought this suit to recover under two insurance policies issued by American Republic Insurance Co., defendant-respondent. The trial court granted summary judgment in favor of defendant. Plaintiff appeals from that order alleging the trial court erred in granting summary judgment because there was a genuine issue of material fact to be presented to the trier of fact.

The judgment of the trial court is reversed and remanded for trial.

Plaintiff’s wife, Susan White, suffered from breast cancer in 1973, and had undergone a mastectomy.…