Barker v. Ina Life Insurance

MEMORANDUM

HAROLD H. GREENE, District Judge.

In this breach of contract action, plaintiff seeks $100,000 for loss of speech allegedly caused by accidental injuries under an accidental death and dismemberment insurance policy issued by defendant. Defendant has moved for summary judgment on the grounds that (1) plaintiff has not suffered a total and irrecoverable loss of speech and (2) what loss he has suffered did not result “directly and independently of all other causes from bodily injuries caused by accident” as provided by the insurance policy. Because the Court finds that there are material…