Accidental Death Insurance Questions and Answers
What qualifies as “accidental death?”
If the insurance policy does not define “accidental” or “accident” then one must look to the “reasonable expectations” of the insured. The Federal Court in the Ninth Circuit has defined “accident” as an unintended and unexpected event. The test the Ninth Circuit has set forth to determine if an event was unintended and unexpected is to determine whether a reasonable person with a similar background as the insured would have viewed the resulting death as substantially certain to result from the insured’s conduct. If so, then the death is not accidental.
Is death as a result of an unintended overdose an “accidental death?”
Yes, if the overdose is from a prescription drug (in most states, including California). If the overdose drug is not prescribed by a physician, then it would depend on whether there is an exclusion in the policy for death resulting from the use of intoxicants. One must always look at the policy to determine what coverages and exclusions it contains. Click here to view specific examples.
Is death resulting from an auto accident an accidental death if the driver was intoxicated?
Yes, it should be. However, this is an often contested area where insurance companies will deny the claim and you will have to fight to get your benefits. Click here to see specific case examples