Christine Boyd was designated as the beneficiary of a life insurance policy issued by Aetna Life Insurance Company on the life of Christine's husband, Jimmie Boyd. The policy insured against Jimmie's permanent total disability and provided for a death benefit to be paid on Jimmie's death.
Several years after the policy was issued, Jimmie and Christine separated. Jimmie began to travel extensively, and, therefore, Christine was unable to keep track of his whereabouts or his state of health. Jimmie nevertheless continued to pay the premiums on the policy until Christine tried to cash in the policy to alleviate her financial distress.
A loan previously had been made on the policy, however, leaving its cash surrender value, and thus the amount Christine received, at only $4.19.
Shortly thereafter, Christine learned that Jimmie had been permanently and totally disabled before the surrender of the policy.
Aetna also was unaware of Jimmie's condition, and Christine requested the surrendered policy be reinstated and that the disability payments be made. Jimmie died soon thereafter, and Christine then requested that Aetna pay the death benefit. Decision?