State Farm Mutual Automobile Insurance v. Travelers Insurance Companies

OPINION OF THE COURT

Robert E. White, J.

Defendants, the Travelers Insurance Companies (Travelers) and attorney Paul J. Yesawich, III (Yesawich), bring this motion to dismiss State Farm Automobile Insurance Company’s (State Farm) complaint for failure to state a cause of action. Travelers moves for summary judgment, and State Farm has cross-moved for summary judgment.

This is an action by State Farm against Travelers and Yesawich to recover $1,911.18 State Farm paid to the estate of Gary Lloyd as a funeral benefit, pursuant to an insurance policy issued by State Farm to Gary Lloyd. Contained in…