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.