Sieferman v. State Farm Mutual Automobile Insurance

LAMY, Judge.

Plaintiff filed suit against the defendant for the payment of accidental death benefits allegedly owed under an auto insurance policy containing such a provision. Plaintiff later moved for summary judgment alleging that there were no genuine issues of material fact as to coverage under the insurance policy and, thus, she was entitled to payment in accordance with the policy. Defendant, in opposition to the motion, alleged that the plaintiff had previously dropped accidental death coverage for the deceased and attempted to offer certain extrinsic and parol evidence in support of…