Mallard v. COLONIAL LIFE & ACCIDENT INSURANCE COMPANY

Banke, Chief Judge.

Appellant Mallard sued the appellee, Colonial Life & Accident Insurance Company, to recover benefits allegedly due under a disability policy providing coverage for “loss resulting directly, independently and exclusively of all other causes from bodily injuries effected solely by accident” and excluding coverage for “any loss caused directly or indirectly by disease ... or bodily or mental infirmity.” The disability for which the appellant sought to collect was allegedly precipitated by a strained back ligament. The trial court granted summary judgment to the insurer based…