Allstate Insurance v. Holcombe

Pannell, Judge.

This case is before the court on an appeal from the denial of a motion for summary judgment made by the insurance company defendant in an action brought by the husband seeking recovery under a policy for the alleged accidental death of the wife, resulting from an injury received while in an automobile. The policy under Part II provides for benefits, "If an insured person sustains an injury: 1. While occupying a private passenger automobile.” In the definition section of the policy, injury is defined as follows:

" 'Injury means bodily injury caused by an accident occurring while…