Continental Assurance Co. v. Rothell

While I agree that the denial of the defendants motion was not error (Southern Bell Tel. &c. Co. v. Beaver, 120 Ga. App. 420 (3) (170 SE2d 737)), I cannot agree that it was proper to grant plaintiff’s motion for summary judgment.

This is a suit on an accident insurance policy which provides for the payment of benefits thereunder “ [i] f an insured, as a result of bodily injury caused solely by accident occurring while insured under the policy shall suffer, directly and independently of all other causes within ninety days from the date of the accident . . . ' for loss of life” the sum of $5,0007