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NOBLE v. NATIONAL AM. LIFE INS. CO.

No. 14531-PR.

128 Ariz. 188 (1981)

624 P.2d 866

Rosemarie NOBLE, Appellant, v. NATIONAL AMERICAN LIFE INSURANCE COMPANY, Appellee.

Supreme Court of Arizona, In Banc.

February 17, 1981.

Attorney(s) appearing for the Case

Cox & Cox by Randall R. Douglas, Phoenix, for appellant.

Fennemore, Craig, von Ammon & Udall by Ruth V. McGregor, Stacy Olliphant, Phoenix, for appellee.

Hofmann, Salcito & Stevens by James W. Fritz, Phoenix, for amici curiae State Farm.

Jones, Teilborg, Sanders, Haga & Parks, by William R. Jones, Jr., Phoenix, for amici curiae National Association/American Insurance.

Snell & Wilmer by Warren E. Platt, Richard K. Mahrle, Phoenix, for amici curiae American Council of Life Ins./The Health Insurance Association of America.

Miller, Pitt & Feldman by Stanley G. Feldman, Nanette M. Warner, Tucson, for amici curiae Arizona Trial Lawyers Association.

HOLOHAN, Vice Chief Justice.

Appellant, Rosemarie Noble, purchased a health insurance policy from appellee, National American Life Insurance Company. Subsequently, she had surgery which resulted in surgical and hospital expenses of $1,503.53. A claim under the health insurance policy was submitted to the insurance company, but it refused to pay the claim. Appellant filed an action in the superior court alleging in count I, breach of contract

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