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Recent blog posts

Posted by on in Law

Accidental Death Policy: Additional Conditions of Coverage

Accidental death benefit provisions are often found in insurance policies having a broader scope of coverage, providing protection against a variety of risks arising in or related to a particular factual context. For example,  some policies, in addition to providing coverage for employment-related risks, will extend coverage to risks of travel and risks arising from the use of an automobile. In some cases, insurance policies whose coverage is explicitly limited to protection against accidental injury or death may also contain additional conditions restricting the scope of such protection to particular factual circumstances. These circumstances are often quite specific and narrowly drawn to limit the liability of the insurance company.  

Whether additional conditions of coverage are imposed specifically by terms limiting accidental death coverage to specific factual circumstances, or generally by terms limiting all covered risks to a particular factual context, it will be necessary for the plaintiff to show that the death of the insured satisfied those conditions.

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

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Posted by on in Law

Cause of Action Against Life Insurance Company

If you were the beneficiary of a life insurance policy and were denied on your claim for accidental death benefits, do not be discouraged. With the right representation, you can still prevail in a lawsuit against the insurance company and get the compensation you are entitled to.

In Missouri, to establish a prima facie case in a lawsuit against an insurer to recover accidental death benefits, you must plead and prove four elements: 1) that the insurer issued an insurance policy containing an accidental death benefit provision covering the insured, and that the policy was in effect at the time of death; 2) that you were compliant with all applicable claims procedures when the claim was denied; 3) that the death of the insured was accidental within the meaning of the policy; and 4) that you are the proper person entitled to payment of benefits under the terms of the policy. In addition, where the policy contains additional conditions of coverage relating to the factual context or physical circumstances of death, you must plead and prove that these conditions were met.

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.  

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

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Posted by on in Law

Life Insurance Companies and Space Tourism

The recent crash of the VSS Enterprise, a spaceship designed to take tourists into space, has generated some serious discussion about insurance liability for the new-age adventurer. Designed by Virgin Galactic, the VSS Enterprise was on an experimental test flight when it unexpectedly crashed, killing the co-pilot. Virgin Galactic is one of many recent start-up companies seeking to pioneer a new form of tourism, space travel.

In the aftermath of the catastrophic crash of the VSS Enterprise, many experts are predicting that life insurance companies will begin to ask questions about such adventurous, albeit risky, activities. Today, U.S. Life insurance policies do not address space travel as it is neither inquired about nor excluded from coverage. Many believe this will soon change as the life insurance industry continues to adapt to evolving consumer habits.

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

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Posted by on in Law

Taxation of Accidental Death and Dismemberment Plan

Any employer contributions to an employer-sponsored accidental death and dismemberment policy are not taxable to employees. In most cases, however, employees pay for their own AD&D premiums. Generally, employees pay for AD&D benefits on an after-tax basis, and as a result, benefits recieved are not subject to income tax. For employers, premiums for both the accidental death benefit coverage and the dismemberment coverage are deductible, as long as they are an ordinary and necessary business expense. The IRS governs the amount recieved under accident and health insurance plans. Depending upon your individual situation, the amount you recieve under your AD&D plan may vary. Therefore, it is important to know what's covered under your plan and how much you are entitiled to recover.  

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

Our Locations:

Joseph & Eugene, LLC                                                                                                     

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

Continue reading
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Posted by on in Law

Where to File Your Claim for Accidental Death Benefits

An action against an insurer to recover accidental death benefits may be brought in any state court of general jurisdiction. Venue is determined by the rules and statutes of the jurisdiction in which the lawsuit is filed. In cases where the beneficiary and the insurance company are not residents of the same state and the amount in controversy exceeds $10,000, the beneficiary can sue in federal district court in a diversity jurisdiction action. Venue in actions based upon diversity jurisdiction is proper in the district where the beneficiary or the insurer resides, or in the district in which the claim arose.

Generally, a beneficiary's recovery will be in the amount specified in the Accidental Death & Dismemberment (AD&D) or Life Insurance policy. However, if the insurer's denial was done in bad faith, the beneficiary may be entitled to additional damages such as damages for emotional distress. In some cases, punitive damages may be available when the insurer's tortious conduct involves malice or oppression.

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions:

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

Continue reading
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