O'Connell v. J.C. Penney Life Insurance

Because there is no evidence in the record suggesting that Richard O’Connell’s death was caused “directly and independently” by his fall and resultant hip fracture, the district court properly granted *179summary judgment to J.C. Penney Life Insurance Co. The court sees the matter differently, however, and I therefore respectfully dissent.

I

Although the majority correctly invokes the legal framework set forth in New York Life Insurance Co. v. Greber, 55 Ariz. 261, 100 P.2d 987, 987 (1940) (“Greber /”), its application of that standard to the factual record before us is flawed. In Greber, the…