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MORGAN v. FORTIS BENEFITS INS. CO.

No. S-11000.

107 P.3d 267 (2005)

James F. MORGAN, Sr., individually and as Personal Representative for the Estate of Martina Alurac, Deceased 10/01/99, Appellant, v. FORTIS BENEFITS INSURANCE CO., Appellee.

Supreme Court of Alaska.

February 11, 2005.

Attorney(s) appearing for the Case

Ward Merdes, Merdes & Merdes, P.C., Fairbanks, for Appellant.

Robert P. Blasco, Robertson, Monagle & Eastaugh, Juneau, and Joshua Bachrach, Rawle & Henderson, Philadelphia, for Appellee.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

We are presented with the issue of whether summary judgment was properly granted to Fortis Benefits Insurance Company (Fortis) on the application of certain exclusions found in an accidental death and dismemberment insurance policy covering Martina Alurac (Alurac). James F. Morgan, Sr. (Morgan), Alurac's beneficiary, appeals, arguing that an issue of fact remains as to whether Alurac's death was...

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