Burton v. John Hancock Mutual Life Insurance

Birdsong, Judge.

Appellant Ava Maria Burton, as administratrix of her deceased mother’s estate, instituted this action against appellee to recover $200,000 in life insurance proceeds allegedly due pursuant to a policy of life insurance issued to the deceased on March 16,1979. Appellee denied liability pursuant to the policy, and the complaint was subsequently amended to add the deceased’s son as a party plaintiff and to add a wrongful death count. After discovery, appellee moved for summary judgment as to both counts of the complaint. The trial court denied the motion as to the cause of action…