Franklin Life Insurance Co. issued a policy that named Burne as a beneficiary. The policy provided for

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Franklin Life Insurance Co. issued a policy that named Burne as a beneficiary. The policy provided for double indemnity accidental death benefits because of the death of the insured. The insured had been struck by an automobile and was kept alive in a vegetative state for four and a half years before he died. The policy provided that the accidental death benefits would be paid only if death occurred within 90 days of the accident, and that such benefits would not be paid if death occurred during a time when premiums were being waived due to the insured’s disability. Will the beneficiary be allowed to recover on the policy? (Burne v. Franklin Life Ins. Co., 301 A.2d 799, Pa.)

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