Strickland v. Gulf Life Insurance Company
Supreme Court of Georgia
240 Ga. 723 (1978)
Strickland (plaintiff) held a 1946 life-accident policy covering limb amputation only if it occurred within 90 days of the underlying injury. After injuring his lower leg, Strickland's doctors tried but failed to save it, and it was ultimately amputated 118 days after the injury; Gulf Life Insurance Company (defendant) denied coverage because the amputation fell outside the 90-day window. The trial court granted Gulf summary judgment, the court of appeals affirmed based on precedent strictly enforcing similar time limitations, and the Georgia Supreme Court granted certiorari.
Whether a condition in an insurance policy may set an arbitrary time limit after an injury within which the insured must recover under the policy.