USHER v. ALLSTATE INSURANCE COMPANY

No. 44082.

218 N.W.2d 201 (1974)

Nancy M. USHER, Administratrix of the Estate of Virginia M. Gibson, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Supreme Court of Minnesota.

May 3, 1974.


Attorney(s) appearing for the Case

Harvey E. Skaar, Minneapolis, for appellant.

Richards, Montgomery, Cobb & Bassford and Jon D. Jensvold and Greer E. Lockhart, Minneapolis, for respondent.

Heard before KNUTSON, C.J., and ROGOSHESKE, MacLAUGHLIN and YETKA, JJ., and reconsidered and decided by the court en banc.


ROGOSHESKE, Justice.

In this action to recover health insurance hospital expense benefits upon alternative theories of breach of an implied contract for interim insurance or tort liability for an unreasonable delay in acting upon decedent's application for insurance, the trial court at the close of plaintiff's case in chief directed a jury verdict for defendant insurance company upon the ground of plaintiff's failure of proof. Plaintiff appeals, contending that there...

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