Jcpenney Life Insurance Co. v. Baker

OPINION

DAY, Justice.

I. INTRODUCTION

Lela Baker brought suit as the beneficiary of an insurance policy issued by Appellant JCPenney Life Insurance Company (“JCPenney”) to Lela’s husband, Howard Baker. After Lela filed a claim with JCPenney, the insurer paid her $40,000 under Part III of Howard’s policy, which covered “all other injuries resulting in a loss.” However, JCPenney disputed liability under Part II of the policy, which provided for a $100,000 benefit if Howard was injured by an accident while occupying a private passenger automobile.

Lela filed suit, seeking recovery under Part II of…