Life Insurance Co. of North America v. Klingler

OPINION

SEERDEN, Justice.

This is an appeal from a summary judgment awarding appellee benefits under an insurance policy issued by appellant covering the life of her deceased husband, Perry R. Klingler. We hold that the summary judgment was improvidently granted and reverse.

Perry Klingler was employed by the General Tire and Rubber Company, which had a group accidental death and dismemberment insurance policy for its employees, issued by appellant. Klingler quit work on July 26, 1985, and was killed eleven days later by an unknown assailant. His wife, Gracie, filed a claim under the policy,…