McKinnon v. Republic National Life Insurance

Plaintiff, Joan McKinnon, appeals from a summary judgment dismissing her complaint which sought to recover accidental death benefits under the terms of two group insurance policies issued by defendant Republic National Life Insurance Company and defendant Travelers Insurance Company. We reverse and remand for trial.

Preliminarily, we reject consideration of plaintiff's counsel's affidavit in opposition to defendants' motion, because the material "facts" stated therein obviously are not based upon the affiant's personal knowledge. Klossner v. San Juan County, 93 Wn.2d 42, 605 P.2d 330 (1980).…