Forbes v. Shelter Mutual Insurance Co.

MEMORANDUM OPINION

ADAMS, Judge:

This is an appeal from a trial court summary adjudication order determining that the surviving spouse was entitled to all of the proceeds attributable to the wrongful death of one of the named insureds from two uninsured motorist insurance policies. The deceased insured’s daughter appeals that order. Because the record presented to the trial court does not require, as a matter of law, the exclusion of the daughter from receiving any of those proceeds, we reverse and remand for additional proceedings.

FACTS

Gilbert Raymond Forbes was killed instantaneously in an…