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SAGAN v. PRUDENTIAL INS. CO. OF AMERICA

No. 93-138.

857 P.2d 719 (1993)

Carol SAGAN, Plaintiff and Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant and Respondent.

Supreme Court of Montana.

Decided August 5, 1993.

Attorney(s) appearing for the Case

Robert J. Vermillion, Smith, Walsh, Clarke & Gregoire, Great Fall, for plaintiff and appellant.

William D. Jacobsen, John D. Stephenson, Jr., and Jardine, Stephenson, Blewett & Weaver, Great Falls, for defendant and respondent.

GRAY, Justice.

In this action by the beneficiary of a life insurance policy against an insurer, we conclude that § 33-20-121(2), MCA, must be read into an insurance policy containing an otherwise valid suicide exclusion. Therefore, we affirm.

The facts of this case are not in dispute. Prudential Insurance Company of America (Prudential) issued a life insurance policy to Samuel Sagan on July 1, 1989, providing for payment of $50,000 in benefits upon his...

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