Allstate Indemnity Co. v. Denison

Pope, Judge.

In this declaratory judgment action, appellant Allstate sought a determination that it was not obligated to pay appellee Ellen M. Den*391ison, as widow and administratrix of her deceased husband’s estate, personal injury protection benefits under an automobile insurance policy in effect at the time of Mr. Denison’s death.

The stipulated and undisputed facts were as follows. Mr. Denison was found dead of carbon monoxide poisoning in his Chevrolet van parked in Greensboro, North Carolina, on January 30, 1986. The source of the carbon monoxide was a propane fuel heater devised by Denison…