HOWELL, Judge Pro Tempore.
This is an action to recover $40,000 in accidental death benefits under a policy issued by defendant. Plaintiff is the beneficiary of the policy. The trial court granted plaintiff's motion for summary judgment. Defendant appeals, and we affirm.
The insured was killed when his car went out of control and ran off the road. Tests showed a blood alcohol content of .23. The insurance policy provided that the benefit was payable if "the...
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