Burne v. Franklin Life Insurance Co.

Burne's (plaintiff) husband bought a life insurance policy from Franklin Life Insurance Co. (Franklin) (defendant) with an extra $15,000 accidental-death benefit payable if he died within 90 days of a qualifying accident. After being struck and severely injured by a car, he survived only on life-support machines, which Burne chose to keep him on for four and a half years before he died; both parties agreed his death was ultimately caused by the accidental injuries. Franklin refused to pay the extra benefit because death occurred well outside the 90-day window, and Burne sued to enforce the accidental-death clause; the trial court ruled for Franklin, and Burne appealed.