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Singstock v. Globe Life And Accident Insurance Co.

United States District Court, E.D. Wisconsin

November 14, 2017

JEFFREY SINGSTOCK, Plaintiff,
v.
GLOBE LIFE AND ACCIDENT INSURANCE COMPANY, Defendant.

          DECISION AND ORDER

          William C. Griesbach, Chief Judge United States District Court

         This is an action to recover the accidental death benefit under a policy of insurance. Plaintiff Jeffrey Singstock, the named beneficiary under the policy, has sued Defendant Globe Life and Accident Insurance Company (Globe Life), the company that issued the policy. The parties are citizens of different states, and the amount in controversy exceeds $75, 000. This court therefore has jurisdiction under 28 U.S.C. § 1332. The case is before the court on cross motions for summary judgment. Because there exists a genuine dispute as to the material facts, both motions will be denied.

         I. BACKGROUND

         Steven Singstock was insured under a policy issued by Defendant Globe Life and Accident Insurance Company effective May 15, 2013. The pertinent terms of the policy read as follows:

ACCIDENTAL DEATH BENEFIT
Upon receipt of due proof of the Accidental Death of the insured while coverage on such insured is in force, We will pay the Accidental Death Benefit shown in the Certificate Schedule.
DEFINITIONS
ACCIDENT: A fortuitous event, unforeseen and unintended.
ACCIDENTAL BODILY INJURY: Unexpected traumatic damage to the Insured's body, of external origin.
ACCIDENTAL DEATH: Death due to Accidental Bodily Injury caused by an Accident occurring while the insurance is in force; the death must occur within 90 days after the date of the Accident, directly and independently of all other causes.
EXCLUSIONS
This certificate does not cover death caused by: . . .
3. Being under the influence of any drug, narcotic, poison or gas unless taken on the advice of a physician.

         ECF No. 18-1 at 3-4. The death benefit payable under the policy is $200, 000, and the named beneficiary is Jeffrey ...


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