Accidental Death & Dismemberment Plans: Construction-related deaths
In a recent case, a Missouri court held that a wife, the named beneficiary of her husband’s accidental death and dismemberment (AD&D) plan, was entitled to receive accidental death benefits. The husband worked as a heavy equipment operator for a local construction company. The wife worked part-time as an occupational therapist at a local in-patient rehabilitation facility. The couple had three small children ranging from ages three to eight and the wife was pregnant with their fourth child. The husband had been working for the construction company for about three years when he decided to obtain an AD&D plan. He discussed the decision with his wife and they both agreed that due to the nature of the husband’s work, it made sense to obtain some extra protection just in case the unthinkable were to ever happen.
Six years after making timely payments on his AD&D plan, the husband was tragically killed while loading a bulldozer onto a flatbed trailer. The bulldozer overturned falling onto the husband, killing him instantly. After being notified of her husbands death, the wife filed a claim for accidental death benefits. The insurer initially denied her claim. However, the wife consulted an attorney who then sued the insurer for wrongful denial. The court held that the insurer had wrongfully denied the wife’s claim and awarded her accidental death benefits and punitive damages totaling in excess of $150,000.
If you have been denied your accidental death and dismemberment benefit, you should consult an experienced life insurance attorney to hear about your recovery options!
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