In a recent case, the 8th Circuit held that an insured’s death, caused from mixed prescription drug intoxication, was accidental and the insurer was required to pay accidental death benefits under its Accidental Death & Dismemberment (AD&D) plan. The husband, who was initially denied on his claim for his wife’s death, sued the underwriter of the plan. The court was persuaded by proof in the form of the death certificate, autopsy report, insurance medical records, prescriptions records, and evidence relevant to the wife’s state of mind, her relationships with family and an an upcoming scheduled surgery. For the court, the totality of the evidence tended to show that the wife did not intend to take her own life. Therefore, it deemed the death an accident and elected to award accidental death benefits to the husband.
The death of a loved one is a traumatic event, one that can have a massive impact in a person’s life. It is important, as a beneficiary of an AD&D plan, that you timely file your claim. In the event of a denial from an insurance company, you should consult an attorney that will fight to ensure you recieve all of the compensation you are owed.