Boring v. Haynes

The opinion of the court was delivered by

Harman, C.:

This is an action by the beneficiaries under a group policy of accident insurance for recovery of death benefits. Plaintiffs contend the insured’s death was occasioned by accidental bodily injury; defendant insurer denies this assertion and says it was caused directly or indirectly, wholly or partly by disease.

The trial court sustained defendant’s motion for summary judgment and plaintiffs have appealed.

Pertinent portions of the certificate of insurance are:

“Underwriters . . . agree . . . if . . . the Assured shall sustain accidental bodily…