Carey v. Provident General Ins.

By JUDGE ROBERT L. HARRIS, SR.

This case came before the Court on September 12, 1989, on the defendant's Motion for Summary Judgment. The issue is whether funeral expenses of an insured who was killed when his tractor-trailer was struck by a train were excluded validly from coverage under the medical expense benefits provisions of the automobile insurance policy.

Based on plaintiff’s Motion for Judgment, a short stipulation received as defendant’s Exhibit 1, and the automobile insurance policy, received as defendant’s Exhibit 2, the facts are as follows. A railroad train struck the…