In a recent case, an insured woman was found dead in her home and an autopsy revealed that her death was from an overdose of Darvon, a commonly used opioid pain reliever. The woman was prescribed the drug to help her recover from a recent hip surgery. In the autopsy report, the insured’s death was listed as accidental because the insured had a fairly low dosage of Darvon in her blood, and the doctor eliminated natural causes and suicide as other possible causes of death. Her husband, who was the beneficiary of the wife’s accidental death and dismemberment (AD&D) plan, filed a claim for accidental death benefits with the insurance company. The insurance company denied the claim, citing that the wife’s death by drug overdose was not accidental and thus, not covered under the AD&D plan.
The husband sued the insurance company in federal court contesting that the insurer had wrongfully denied his claim for accidental death benefits. After reviewing the facts of the case and hearing the testimony of the physician who conducted the autopsy, the court determined that the wife did not expect or intend her final dose of Darvon to be fatal. The court concluded the wife simply made a fatal mistake, and her death was properly considered an accident. Therefore, the court held that the husband was entitled to accidental death benefits.
If you were denied on a claim for accidental death benefits, you should consult an attorney today who will fight to get you the compensation you deserve.