Houchens
v.
American Home Assurance Company

927 F.2d 163 (4th Cir. 1991)

What's Going On?

Plaintiff appeals from the district court's grant of summary judgment for Defendant (insurer) in a breach of contract suit resulting from Defendant's refusal to pay under either of two accidental death insurance policies.

Who's Who?

Plaintiff     :

Alice Houchens – potential beneficiary of two accidental death insurance policies.

Defendant :

American Home Assurance Company –insurance company.

Facts:

In 1980, Plaintiff's husband traveled to Thailand on vacation and has not been heard from since his arrival. In 1988, Plaintiff's husband was declared legally dead under a Virginia law which provides that a person who has been missing for seven years is presumed to be dead. Plaintiff attempted to collect upon either of two insurance policies issued by Defendant that required the death of the insured to be caused by accident in order for Plaintiff to collect. Plaintiff sued Defendant for breach of contract after Defendant refused to pay under either of the accidental death policies. Defendant successfully moved for summary judgment, arguing that there was no evidence of accidental death. The district court agreed with Defendant and granted summary judgment.

Issue:

Was the district court's grant of summary judgment proper?

Decision:

Yes. Plaintiff has the burden of proving that her husband died by accidental means. Summary judgment must be entered against a party who fails to make a showing sufficient to establish an essential element of that party's case. A grant of summary judgment must be reversed if the record shows that there is an unresolved issue of material fact, and in reviewing the record, the facts must be viewed in the light most favorable to the party opposing the motion for summary judgment. Viewing the facts of this case in the light most favorable to Plaintiff, it cannot be concluded that there was a greater probability that the death was caused by accident rather than by other means. The record in this case provides equal support for conclusions that Plaintiff's husband died accidentally, was murdered, died of natural causes, committed suicide, or continues to live. Plaintiff relies upon three cases in which accidental death was inferred from the circumstances surrounding the missing person's disappearance to demonstrate that her burden of proving that her husband died accidentally is met by the presumption that he is dead. Those cases are distinguishable from the present case because, in each of those cases, the circumstances surrounding the disappearance led to inferences showing not only that the missing person was dead, but that the death was caused by accident. The circumstances surrounding the disappearance of Plaintiff's husband and the legal presumption of his death, however, are insufficient to allow a jury to reasonably conclude that Plaintiff's husband died from an accident than in some other manner, or that he died at all. Affirmed.

Basic Rule:

Summary judgment must be entered against a party who fails meet its burden of establishing the existence of an element essential to that party's case.

Terms:

Presumption :

A legal inference that a fact or set of facts exists.

Summary Judgment :

A judgment rendered prior to the verdict upon a motion by one of the parties who claims that there is no genuine issue of material fact.

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