Kirk v. Financial Security Life Insurance

Christine Kirk brought this action as beneficiary under the double indemnity accident provision of her husband’s life insurance policy. The defendant insurer, Financial Security Life Insurance Company, moved to dismiss the complaint because the insured died 92 days after the accident. The double indemnity provision takes effect only if the assured dies within 90 days of the accident. The Sangamon County circuit court dismissed the complaint and the appellate court reversed, holding that the 90-day provision violates public policy. One justice dissented. 54 Ill. App. 3d 192.

The facts are not…