Lasma Corp. v. Monarch Insurance Co. of Ohio

JACOBSON, Court of Appeals Judge.

The issue raised by this review of a decision of the Court of Appeals, Division 2, 159 Ariz. 55, 764 P.2d 1114 (App.1987) is whether the term “sound health” of an animal in a mortality insurance policy refers to, the actual health of the animal, the policyholder’s belief in the sound health of the animal, or something in between.

This matter was presented to a jury based upon the reasonable belief of the policyholder. The jury returned a verdict in favor of the policyholders, William C. Zekan and Betty Zekan (Zekans) in the sum of $116,000 as compensatory…