Cappo v. Allstate Life Insurance Co.

GAITAN, Judge.

This is an appeal by plaintiff, Claudia Cappo, from a judgment in favor of defendant Allstate Life Insurance Company in a breach of contract action to recover the accidental death benefit under an insurance policy. 1 The parties waived their right to trial by jury and submitted the case to the court upon a stipulation of uncontroverted facts. The trial court entered judgment in favor of defendants. The appellant alleges the trial court erred by concluding (1) that Paul Cappo was not dead, and (2) that Paul Cappo did not die an accidental death.

As this case was submitted on…