When an insurer denies a claim for accidental death benefits, beneficiaries can sue for wrongful denial. In Missouri, beneficiaries have prevailed in wrongful denial actions and received accidental death benefits. In an action against an insurer to recover accidental death benefits, the most important factual issues will relate to the manner, cause, and circumstances of the insured’s death. Evidence relating to these matters will ordinarily be required to show whether the insured’s death was accidental within the meaning of the policy provisions under which the action is brought, whether there was a sufficient causal relationship between accidental injury and death, whether any additional conditions of coverage relating to the physical circumstances of the insured’s death were met, and whether the insured’s death resulted from causes or occurred in circumstances expressly excluded from the scope of coverage.
If you are the beneficiary of an Accidental Death and Dismemberment (AD&D) or Life Insurance plan and have been denied on your claim for benefits, you still may be entitled to compensation under your plan. It is important to consult an attorney who can assess your recovery options and help you get the compensation you deserve.