Legal Opinion

Sutton v. United Services Automobile Ass'n

District of Columbia Court of Appeals

Decided March 20, 1973No. Nos. 6676, 6698Published

1Opinion of the Court

FICKLING, Associate Judge:

George W. Sutton appeals from a dismissal, after a nonjury trial, of his complaint for recovery of the cost of a tombstone. United Services Automobile Association (USAA) appeals from the earlier denial of its motion for summary judgment. We affirm the dismissal of the complaint, which renders moot the cross-appeal of USAA.

The issue is whether a tombstone purchased by George W. Sutton, because of personal choice, is a necessary funeral expense within the meaning of the medical payments provision of the insurance policy issued by USAA to George W. Serviss (deceased).

The…

2Cases cited3 opinions

  1. Alamo Cas. Co. v. SmithCourt of Appeals of Texas · 1953
  2. Bachrach v. Aetna InsuranceAppellate Terms of the Supreme Court of New York · 1966
  3. Bachrach v. Ætna InsuranceCivil Court of the City of New York · 1966

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