Suarez

Plaintiff, Pat Suarez, appeals from summary judgment in favor of defendants Life Insurance Company of North America (LICNA) and Times Mirror Company (Times) in plaintiff’s action based on LICNA’s denial of benefits to plaintiff under an accidental death and dismemberment policy issued to him by LICNA and advertised in defendant Times’s newspaper, the Los Angeles Times.

Factual and Procedural Background

In October 1982 plaintiff’s father, Bien Suarez, saw in the Los Angeles Times an advertisement for “Los Angeles Times Subscriber Accident Insurance” underwritten by LICNA and offered for a premium of $12 per year. The advertisement read in part: “Times Subscriber Accident Insurance is a plan of accidental death and dismemberment insurance covering freeway drivers, travelers and commuters, and those who enjoy many of Southern California’s great outdoor and sports activities. . . . This plan covers loss of life, loss of sight, and loss of limbs as the result of an accident or a felonious assault on you. . . .” Mr. Suarez filled out an application for the advertised insurance on behalf of plaintiff and plaintiff signed the application. Mr. Suarez submitted the application…