dissenting.
The widow's claim upon which her action against both Travelers Insurance Company and Consolidated Rail Corporation was predicated was based upon a right to recover $100,000 in benefits provided by a group policy of accidental death insurance issued by Travelers. According to the suit, Consolidated became obligated on this policy to the same degree as Travelers because of its representations to employees which it made in writing in a brochure. The trial court agreed and concluded that Consolidated was so bound by the brochure and granted partial summary judgment for the widow against Consolidated and awarded her damages of $144,840.16. This amount was paid by Consolidated. The trial court thereafter granted summary judgment for Travelers and against the widow. I would agree with the memorandum opinion of the Court of Appeals that the payment of the death benefit to her by Consolidated fully satisfied her policy claim and left nothing upon which a further judgment for her on the policy against Travelers could stand. I would affirm the entry of summary judgment for Travelers.