The policy containing the limitation was approved for use by the Tennessee Department of Insurance in March 1976. There have been no cases or other expressions of Tennessee public policy since that time indicating that the pre-existing condition limitation used by Connecticut General is now invalid or unacceptable. Furthermore, at least one Tennessee case has implicitly upheld the use of a pre-existing condition clause similar, at least in part, to the one in the Servico Policy. In Norman v. Liberty Life Assurance Co., 556 S.W.2d 772 (Tenn.App.), cert. denied (Tenn. 1977), the court affirmed the application of a preexisting condition limitation in a group insurance policy to the plaintiff, thereby denying him coverage for a coronary bypass operation.
We must look at all the evidence, take the strongest legitimate view of it in favor of the plaintiff and allow all reasonable inferences in plaintiff's favor. Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn. [ct.] App. 1977); Truan v. Smith, 578 S.W.2d 73, 74 (Tenn. 1979). Our duty upon review of conflicting evidence in a jury trial is not to determine where the truth lies, but only to determine if there was any material evidence to support the verdict below.
A Tenn. R.Civ.P. 50.01 motion for directed verdict should not be granted if the evidence is sufficient to create an issue for the jury to decide. White v. Vanderbilt Univ., 21 S.W.3d 215, 231 (Tenn.Ct.App. 1999); Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn.Ct.App. 1977). III.
A Tenn. R. Civ. P. 50.01 motion for directed verdict should not be granted if the evidence is sufficient to create an issue for the jury to decide. White v. Vanderbilt Univ., 21 S.W.3d 215, 231 (Tenn.Ct.App. 1999); Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn.Ct.App. 1977). Likewise, a jury's verdict should not be overturned in response to a Tenn. R. Civ. P. 50.02 motion in accordance with a motion for a directed verdict unless the evidence, including all the inferences that can reasonably be drawn from the evidence, does not support a verdict for the plaintiff under any of the theories that the plaintiff advanced at trial.
These motions are also known in state court as a motion for judgment notwithstanding the verdict or j.n.o.v. (judgment non obstante verdicto) or in federal court as a post-verdict judgment as a matter of law in accordance with Fed.R.Civ.P. 50(b). Granting a Tenn. R. Civ. P. 50.02 motion is appropriate only when the evidence is insufficient to create an issue for the jury to decide, see Underwood v. Waterslides of Mid-America, Inc., 823 S.W.2d 171, 176 (Tenn.Ct.App. 1991); Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn.Ct.App. 1977), or when reasonable minds can reach only one conclusion. See Williams v. Brown, 860 S.W.2d 854, 857 (Tenn.
Thus, our task is to review the record to determine whether Ms. Spann's evidence was sufficient to create an issue for the jury to decide. See Underwood v. Waterslides of Mid-America, Inc., 823 S.W.2d 171, 176 (Tenn.Ct.App. 1991); Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn.Ct.App. 1977). In conducting this review, we do not weigh the evidence, see Conatser v. Clarksville Coca-Cola Bottling Co., 920 S.W.2d 646, 647 (Tenn. 1995), or evaluate the credibility of the witnesses.
We must look at all the evidence, take the strongest legitimate view of it in favor of the plaintiff and allow all reasonable inferences in plaintiff's favor. Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn.App. 1977); Truan v. Smith, 578 S.W.2d 73, 74 (Tenn. 1979).
An appeal from the denial of a directed verdict involves a question of law concerning whether the evidence is sufficient to create an issue for the jury to decide. See Underwood v. Waterslides of Mid-America, Inc., 823 S.W.2d 171, 176 (Tenn.Ct.App. 1991); Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn.Ct.App. 1977).
We must look at all the evidence, take the strongest legitimate view of it in favor of the plaintiff and allow all reasonable inferences in plaintiff's favor. Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn. App. 1977); Truan v. Smith, 578 S.W.2d 73, 74 (Tenn. 1979).
We must look at all the evidence, take the strongest legitimate view of it in favor of the plaintiff and allow all reasonable inferences in plaintiff's favor. Norman v. Liberty Life Assurance Co., 556 S.W.2d 772, 773 (Tenn. App. 1977); Truan v. Smith, 578 S.W.2d 73, 74 (Tenn. 1979).