The client’s husband died in an auto accident when a faulty gas tank ruptured and fire engulfed his car. The insurance company refused to pay her the accidental death benefits because of an exclusion in the policy for losses occurring when one is driving while under the influence of an intoxicant. Here, an autopsy found morphine in the deceased husband’s blood.
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Our client’s son died as a result of an accidental drug overdose. The father was the beneficiary on the accidental death insurance policy. Insurance company refused to pay the benefits claiming that the death was not “accidental.” The question came down to whether it was reasonably foreseeable that one would die as a result of taking illegal drugs (in this case heroin). Read more
The 59-year-old mother of our client died of an accidental overdose of her pain medication, Oxycodone. The mother was insured with an accidental death policy; however, our client’s claim for benefits following her mother’s death was denied.
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An accidental death insurance policy will pay benefits when the insured dies as a result of an accident. But when the insured dies in an auto accident with a high blood alcohol rate – is that an accident? That was the issue in a recent case we handled in which our client’s husband died in a single car accident while driving home from his brother’s house after having a few beers. The insurance company argued that since the husband had intentionally consumed alcohol and intentionally driven home knowing he was drunk and knowing the dangers of drinking and driving, that his resulting accident was not accidental.
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