WOMACK v. BLUE CROSS AND BLUE SHIELD, ETC.


593 S.W.2d 294 (1980)

Josephine C. WOMACK, Petitioner, v. BLUE CROSS AND BLUE SHIELD OF TENNESSEE and Sumner County Farm Bureau, Respondents.

Supreme Court of Tennessee.

February 4, 1980.


Attorney(s) appearing for the Case

Fred A. Kelly, Kelly, Harsh & Kelly, Gallatin, for petitioner.

Arthur E. McClellan, Gallatin, for respondents.


OPINION

FONES, Justice.

Plaintiff, Josephine Womack, sued to recover benefits under a health and accident policy. Defendant, Blue Cross and Blue Shield, defended on the ground that several questions on its application had not been answered truthfully by plaintiff. The trial judge submitted the case to the jury for a general verdict. The jury found for the plaintiff and awarded a twenty-five percent bad faith penalty...

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