Rock v. Fidelity & Casualty Co.

Defendant moves for summary judgment dismissing plaintiff’s complaint, and by cross motion, plaintiff lias moved for summary judgment striking out defendant’s answer.

The action is brought on a policy of insurance in the amount of $25,000, which provides benefits for injuries or death ‘ ‘ while boarding, riding in or alighting from, as a fare paying passenger, any land or water conveyance, while used solely for transportation and operated by a carrier licensed to transport passengers.”

The decedent, Beatrice L. Bock, was killed during the term of this policy, while descending a stairway of the…