Gulf Life Insurance v. Brown

The question is whether the life insurance policy issued to Benny R. Brown as the insured covers the death of his child, which occurred before birth. The facts are undisputed that the child died on his way to birth and was not born alive.

The question is primarily one of contract construction, and all of those rules which we must apply obtain here.

The insurer agreed to pay death benefits to Benny for the death of a family member upon “due proof of the death of such person.” *77Eligible family members are his spouse and: “Your dependent children named in the application or acquired later. A…