State Farm Mutual Automobile Insurance v. Holmes

Pope, Judge.

On May 22, 1980 Mrs. Anderson filed suit against State Farm Mutual Automobile Insurance Company to recover survivor’s benefits under the personal injury provisions of her husband’s automobile insurance policy. Mr. Anderson drowned on March 21, 1980 after he drove his car onto a flooded road, and, realizing he could not get through, left the car in an attempt to reach safety and was swept away by the water current. Mrs. Anderson died on September 9,1981, and the executors of her estate were substituted as parties plaintiff.

At the close of all the evidence at trial, State Farm’s…