Green v. Blue Cross-Blue Shield of Alabama

The Circuit Court of Mobile County granted the defendant-insurance company's motion for summary judgment. The plaintiff-insured appeals and contends that the record before the trial court contained a scintilla of evidence creating a genuine issue of a material fact.

We find such genuine issue of a material fact to exist and reverse.

The plaintiff ultimately brought suit against the defendant insurance company claiming benefits due from a hospitalization policy issued by the insurance company to the plaintiff. The insurance company defended on the grounds that the plaintiff's medical problems…