Glesenkamp

MEMORANDUM OF OPINION AND ORDER

This case arose out of a dispute as to the extent of coverage afforded under a group travel accident insurance policy issued to plaintiff by defendant Nationwide Mutual Insurance Company on May 27, 1967. On August 14, 1967, plaintiff was injured while boarding a boat. She subsequently filed a claim, explaining:

Defendant denied benefits on the ground that the policy afforded coverage only while she was riding as a passenger on a boat, not while she was in the act of boarding. Plaintiff’s attorney then wrote to defendant with a new version of how the accident had occurred:

Because of the conflicting statements about where the accident had occurred, defendant continued to deny the claim and asked that the conflict be resolved: After unsuccessful efforts to resolve the conflict to defendant’s satisfaction, plaintiff instituted this lawsuit on August 13, 1970, alleging causes of action based on fraud, breach of contract, and constructive trust. The breach of contract and constructive trust claims were disposed of on March 19, 1971, when this Court granted plaintiff’s motion for summary judgment on the issue of defendant’s liability to her under the…