HIGGINS v. BLUE CROSS OF WESTERN IOWA, ETC.

No. 66272.

319 N.W.2d 232 (1982)

Shirley HIGGINS, Appellee, v. BLUE CROSS OF WESTERN IOWA AND SOUTH DAKOTA and Blue Shield of Iowa, Appellants.

Supreme Court of Iowa.

Rehearing Denied July 15, 1982.


Attorney(s) appearing for the Case

Dewie J. Gaul of Jacobs, Gaul, Nymann & Green, Sioux City, and L. Call Dickinson, Jr., and Craig F. Graziano of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellants.

J. Michael Dull and Robert J. Dull of Dull Law Firm, LeMars, for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, ALLBEE, and McGIVERIN, JJ.


ALLBEE, Justice.

This lawsuit arises from defendants' rescission of plaintiff's insurance contract for hospital and medical services. A jury awarded plaintiff actual damages of $27,143.90 on her contract claim and punitive damages of $200,000 on the theory that defendants committed a tort by denying contract benefits in bad faith. Defendants challenge both awards on this appeal, and we reverse.

The following facts are largely undisputed. In January 1978, plaintiff...

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