Benalli v. First National Insurance Co. of America

OPINION

Opinion delivered by

YAZZIE, Chief Justice.

This appeal is from an October 16, 1996 order of the Window Rock District Court which granted Plaintiff/Appellee Eulynda Benalli’s motion for summary judgment. We review the order de novo because in the appeal of a summary judgment, this Court is in the same position as the trial court in reviewing the submitted record to decide whether there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Both parties assert that they are entitled to judgment as a matter of law.

I

On June 10,1993,…