Martin v. Allianz Life Insurance Co. of North America
North Dakota Supreme Court
573 N.W.2d 823 (1998)
- Written by Rich Walter, JD
Facts
Donald Martin (plaintiff) was threatened with the loss of his left leg following a serious car accident. After a long hospitalization, doctors finally removed Martin’s leg 196 days after the accident. Martin filed for benefits under an Allianz Life Insurance Company of North America (Allianz) (defendant) policy insuring him against accidental death and dismemberment. Allianz denied Martin’s claim on the grounds that the policy defined covered dismemberment as the severing of a limb within 90 days of injury. Martin sued to enforce coverage, but the trial court entered summary judgment for Allianz. Martin appealed to the North Dakota Supreme Court. The court rejected Martin’s argument that his leg was effectively severed when the accident left the leg functionally unusable and ruled that severance did not occur until the actual amputation. The court then turned to Martin’s argument that the policy’s 90-day limitation should be voided as unreasonable on public-policy grounds.
Rule of Law
Issue
Holding and Reasoning (Vande Walle, C.J.)
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