Holman v. Pacific Health & Life Insurance

Plaintiff insured appeals from the trial court’s granting of defendant health insurer’s motion for judgment notwithstanding the verdict and the ensuing judgment in this action for breach of the policy. We reverse and remand with instructions to enter judgment for plaintiff.

We view the facts favorably to plaintiff, for whom the jury found. In August 1992, plaintiff had a regular semiannual examination with her gynecologist, Dr. Corwin. As a routine part of the examination, a mammogram was performed, and it revealed “an area of increased density in the left breast.” The x-ray report contained…