Smith v. Republic National Life Insurance Company

UDALL, Justice.

Plaintiff, Hugh English Smith, sued the defendant insurance company for damages sustained as a result of defendant’s refusal to pay benefits provided for by a hospital and surgical policy under which plaintiff was the insured. The case was tried to the court sitting without a jury. The trial court entered judgment in favor of defendant and rescinded the policy of insurance. Plaintiff’s motion for a new trial was subsequently denied. The Court of Appeals affirmed the action of the trial court, 13 Ariz.App. 228, 475 P.2d 518 (1970).

We granted plaintiff’s Petition for Review. The…