MEMORANDUM AND ORDER
This case comes before the Court on plaintiff's motion for partial judgment under Fed. R. Civ. P. 12 and defendant's cross-motion for partial summary judgment pursuant to Fed. R. Civ. P. 56. For reasons hereinafter enumerated, plaintiff's motion will be denied and the defendant's cross-motion will be granted.
The operative facts of this litigation are essentially as follows: On or about April 7, 1972, William R. and Sheila Jo Camerlengo, husband and wife, were found dead in their home located at 12132 Medford Road, Philadelphia, Pennsylvania. The bodies of William and Sheila Camerlengo were found by an employee of the Philadelphia Gas Works who had gone to the decedents' home in response to a neighbor's complaint of a gaseous odor emanating from the residence at 12132 Medford Road. Upon entering these premises, the Gas Works employee discovered an automobile in the garage with the motor running. The exterior garage door was closed, but the door leading from the garage into the house was open. The body of William R. Camerlengo was found slumped in a chair in the room adjacent to the garage. The office of the Medical Examiner of the City of Philadelphia determined the cause of Camerlengo's death to be carbon monoxide poisoning, brought about by the inhalation of exhaust fumes from the engine of the automobile parked in the garage.
Norma Sue Mattison, administratrix of the estate of Sheila Jo Camerlengo ("beneficiary"), thereafter commenced this action against Nationwide Life Insurance Company ("Nationwide") to recover benefits under certain life insurance policies issued by Nationwide to William R. Camerlengo ("insured"). The administratrix seeks to recover the ordinary life insurance benefits provided in the insured's policies with the defendant and accidental death benefits allegedly due under the policies' Accidental Death Benefit Riders, together with interest on the total amount due under the terms of the policies from the date of the insured's death to the present time. In the answer to plaintiff's complaint, defendant admitted liability for payment of the ordinary life benefits provided by the insured's policies. Nationwide has denied any liability for accidental death benefits, claiming that the manner in which the insured met his death was outside the scope of coverage set forth in the Accidental Death Benefit Riders to the policies in question. Defendant further contests the payment of interest from the date of death on the basis that it has always been ready and willing to make payment of the basic amount upon receipt of duly-executed releases from the claimants.
Due to the existence of conflicting claims to the proceeds to the insurance policies, Nationwide interpleaded Samuel Camerlengo as a third-party defendant. As administrator of the estate of the insured, Samuel Camerlengo has made claims for the entire amount payable under the policies, thus necessitating the joinder of the estate of the decedent as a third-party defendant.
We first turn our attention to Nationwide's motion for partial summary judgment on plaintiff's claim for accidental death benefits. The Accidental Death Benefit Riders to the policies in question provides for the payment of double indemnity benefits upon proof that the death of the insured was caused by "external violent and accidental means." However, the riders contain a paragraph entitled "Risks Not Assumed" which expressly excludes certain risks from the coverage of the accidental death benefits provision. The exclusionary clause provides, in relevant part:
"Death either directly or indirectly resulting from or contributed to by any of the following is a risk not assumed under this rider: . . . (d) sensitivity to or an overdose of drugs or the taking of any kind of poison or the inhaling of any kind of gas, voluntarily or involuntarily . . ."