MARISCAL v. OLD REPUBLIC LIFE INS. CO.

Docket No. B087100.

42 Cal.App.4th 1617 (1996)

50 Cal. Rptr.2d 224

MARIA MARISCAL, Plaintiff and Respondent, v. OLD REPUBLIC LIFE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

February 29, 1996.


Attorney(s) appearing for the Case

COUNSEL

Smith, Helenius & Hayes, Kevin J. Smith and Carl E. Hayes for Defendant and Appellant.

Ernst & Mattison, Patricia Gomez and Don A. Ernst for Plaintiff and Respondent.


OPINION

GILBERT, J.

A man purchases an insurance policy for accidental death and dismemberment coverage. His wife is the beneficiary of the policy. He dies as a result of an auto accident which caused head injuries and, ultimately, heart failure. The insurance company conducts a perfunctory investigation of the wife's claim and denies coverage, stating that "death was due to an illness and not caused by bodily injury due to an accident...

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