Class action status is being sought in a lawsuit filed against the government and Prudential Life Insurance Co. on behalf of a father who is seeking death benefits for his stillborn son. Michael Warnock, an Army reservist who was enrolled in the military's Servicemembers Group Life Insurance program, made a $10,000 claim after his son was stillborn after 38 weeks of gestation. The government and the insurance company refused to pay Warnock's claim. The suit is claiming breach of contract, and if granted class action status could include other couples in the military's insurance program who had stillborn babies after August 1993. The class would cover couples whose stillborn babies were in gestation for at least 20 weeks, as Indiana law requires a burial for any child who dies after 20 weeks of gestation.
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