Equitable Life Assurance Society of the United States v. Bachrach

Sheran, Justice.

This appeal is from a judgment of the district court entered pursuant to an order granting plaintiffs motion for summary judgment.

The issue for decision is whether the record presented for review sustains the conclusion of the trial court that the pleadings and admissions on file herein show that there is no genuine issue as to any material fact and that plaintiff is entitled to judgment as a matter of law.

The complaint alleges: That on or about December 16, 1959, defendant submitted to plaintiff a claim under a group policy of health and accident insurance issued by…