The insurer brought a motion for summary judgment dismissing a claim for accidental death and dismemberment benefits following the insured’s fatal fall from a condominium balcony.
The estate alleged the death was accidental and further claimed the insurer breached its duty of good faith by denying coverage.
The court held that the claimant bears the burden of establishing, on a balance of probabilities, that the death resulted from an accident within the meaning of the policy.
After reviewing the surrounding circumstances and physical evidence, the court found the accidental fall theory was not supported and that the plaintiff could not prove accidental death.
The insurer’s denial of benefits was also found to be reasonable and not made in bad faith.
