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- Title
LIFE INSURANCE--DEATH BY ACCIDENTAL MEANS.
- Authors
Klyman, Elliot I.
- Abstract
This article features the decision of the Kentucky Supreme Court on the 1986 life insurance case Fryman v. Pilot Life Insurance Co. The court held that death resulting from an accident occurring after the insured became voluntarily intoxicated nonetheless was death by accidental means. The insured was killed in a motorcycle wreck. At the time, he was speeding and had a blood alcohol level of .20 percent. The insured's life insurance policy provided $10,000 coverage with a double indemnity provision if the means of death was external, violent and accidental. Finding that death was by accidental means, the court reasoned that the incident was not a product of plan, design, or intent. Two justices joined in dissent arguing that any ordinary person knows the likelihood of death when speeding on a motorcycle while drunk.
- Subjects
KENTUCKY; PILOT Life Insurance Co.; LEGAL judgments; LIFE insurance; KENTUCKY. Supreme Court; INSURANCE law; DRUNK driving; INSURANCE policies; ACTIONS &; defenses (Law)
- Publication
Journal of Risk & Insurance, 1986, Vol 53, Issue 2, p368
- ISSN
0022-4367
- Publication type
Article