Thompson v. American Casualty Company

CALLISTER, Justice:

Defendant insurance company denied plaintiff’s claim for benefits under a group accident insurance policy and the latter brought this suit. The trial court (having before it the pleadings, insurance contract, depositions and affidavits) granted defendant’s motion for summary judgment and plaintiff appeals therefrom.

There is no dispute as to plaintiff’s disability. The pivotal question is whether the disability resulted from “accidental means” as provided in the insurance contract. The record before this court repeals that the plaintiff was employed by the Utah State…