Breeding v. Massachusetts Indemnity & Life Insurance Co.

AKER, Justice.

The movant, Elizabeth Breeding, as ad-ministratrix of the estate of Danny E. Breeding, appeals the decision of the Court of Appeals, which reversed the summary judgment of the Jefferson Circuit Court awarding the estate $50,000.00, as benefits due the estate by virtue of blanket health insurance the decedent purchased one day prior to his untimely death.

The Court of Appeals reversed the judgment of the circuit court holding that an exclusion contained in the policy prevented recovery. We reverse.

The question of whether the exclusion is enforceable against the movant necessitates…