Baylor v. Continental Casualty Co.

Plaintiff Darlene Baylor appeals from a judgment entered in favor of defendant Continental Casualty Company on a breach of contract claim for nonpayment of benefits under an accidental death and dismemberment (AD&D) insurance policy. Defendant denied coverage upon the death of its insured, plaintiffs husband, invoking a policy exclusion for death resulting from being “under the influence of drugs unless taken as prescribed by a physician.” On appeal, as before the trial court, plaintiff contends, principally, that (1) defendant was not entitled to enforce that exclusion because the AD&D…