No. 6:04 CV 01185.

402 F.Supp.2d 704 (2005)

Michele ECKELBERRY, in her capacity as beneficiary, Plaintiff, v. RELIASTAR LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. West Virginia.

December 1, 2005.

Attorney(s) appearing for the Case

Todd S. Wiseman, Parkersburg, WV, for Plaintiff.

Charles M. Surber, Jr., Erin Elizabeth Magee, Jackson Kelly, Charleston, WV, for Defendant.


GOODWIN, District Judge.

Pending before the court are cross motions for summary judgment. The court GRANTS the plaintiff's motion for summary judgment [Docket 16] and DENIES the defendant's motion for summary judgment [Docket 13].

I. Background

Around 3:49 a.m. on March 19, 2004, Earl Eckelberry died in an automobile accident when...

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