This section contains the nature of the case and procedural background.

Franklin (D) insured Burne's (P) husband for $15,000. The policy had a double indemnity clause. The insured was struck by an auto while the policy was in force. P's husband was in a vegetative state for four years from the accident before he died. P received the $15,000 but not the double indemnity amount. The double indemnity clause was limited to a death by accident but only if the death occurred within 90 days of the accident. One further exception provided: 'This Accidental Death Benefit shall not be payable * * * (10) if the death of insured shall occur while any premium is being waived under any disability benefit attached to or incorporated in said policy. * * *' Under the policy, no premiums are waived until the insured furnishes proof to the company that the insured has been totally incapacitated for at least six months. The trial court granted D's motion for summary judgment. P appealed.

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