Life Insurance void?

[jojo20]

What is the name of your state (only U.S. law)? I believe they were purchased in CA but the accident happened in CO.

My father in law died in a car accident on Friday night. It has been determined that he was drinking prior to the accident but we are unsure of what his blood alcohol level was. He had several life insurance policies for accidental death as well as term life. From what I understand Term Life will be paid no matter what, but is his accidental death life insurance policy void since he was drunk driving. The initial accident was his fault but the car that hit him after the accident had occured is what killed him. If you could provide me with more information on these circumstances I would greatly appreciate it.
Thank you for your time.

[Zigner]

Originally Posted by jojo20

What is the name of your state (only U.S. law)? I believe they were purchased in CA but the accident happened in CO.

My father in law died in a car accident on Friday night. It has been determined that he was drinking prior to the accident but we are unsure of what his blood alcohol level was. He had several life insurance policies for accidental death as well as term life. From what I understand Term Life will be paid no matter what, but is his accidental death life insurance policy void since he was drunk driving. The initial accident was his fault but the car that hit him after the accident had occured is what killed him. If you could provide me with more information on these circumstances I would greatly appreciate it.
Thank you for your time.

What is your question?

[jojo20]

Is the accidental life insurance policy void? We have heard several conflicting opinions regarding the matter.

[FlyingRon]

You'd have to read the terms of the policy.
The traditional ones have anti-suicide / self-inflicted injury claims. Court cases have held that if you crash because you are severely intoxicated it doesn't qualify as "accidental." However, just because you have some alcohol in your system, doesn't mean it is the causal factor in the event that led to his death. Of course, if the policy specifically disclaims auto accidents where there is a BAC, you're screwed.

The first thing I'd check is to see if they pay and if they don't what reason they give for that determination. It's a bit early now.

[Dandy Don]

You also need to look at the cause of death as stated on the death certificate and look at the police report of the accident to see if those will be considered as factors in the insurance company's decision. But do NOT discuss this directly with the insurance company. Just go ahead and file your claim and take your chances--it most likely could be accepted and if they decide to deny they will let you know the reason why.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[jojo20]

Thank you for your help and your replies. Unfortunately, things have not panned out. We received the death certificate and the cause of death is blunt force trauma to the head. His blood alcohol level is in the police report and it was .2. The accidental death policies have been deemed void and the claim will not be paid. We had read that in the state of CO after one year policies must be paid even in the event of suicide, but I guess that is just for term life. None of it seems right. The way the accident happened is that him and another car hit almost head on, after this initial impact he was still alive. A truck came and hit him and that is what ejected him from the car and caused his death. His drinking was not what ultimately killed him, it was the second accident. We are thinking of getting a lawyer to help us but I guess I am wondering if it is worth it? There were four policies in total, all accidental death. One policy was paid, the other three have been denied. Any more advice would be greatly appreciated!

[Some Random Guy]

You can consult with a local lawyer to see if they think its worth it. Such a consult should be relatively inexpensive compared to the potential payout from the policies.

Although you claim that the fatality was not caused by the alcohol, I can see that the insurance companies have a strong argument to the contrary.

Without the alcohol provoked accident, would your father in law have been in a vehicle stopped on the road in a position to be hit by the truck? Unless the truck would have collidied with your father in law driving normally down the road, all of these events can be traced back to the alcohol.

[Dandy Don]

At least have it reviewed by an attorney to see how strong of a case you have. You say a truck "came and hit him"--was your father just normally driving down the road in his lane and the other truck was the causal factor?
What does the police report say about what happened leading up to and immediately during the accident?

The companies holding the accidental life policies may be wrongfully denying your claim just because they don't want to pay out. Your attorney may also want to consult with an insurance bad faith attorney to see if a complaint with the insurance commissioner or a lawsuit might be valid to pursue.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[moburkes]

Originally Posted by jojo20

Thank you for your help and your replies. Unfortunately, things have not panned out. We received the death certificate and the cause of death is blunt force trauma to the head. His blood alcohol level is in the police report and it was .2. The accidental death policies have been deemed void and the claim will not be paid. We had read that in the state of CO after one year policies must be paid even in the event of suicide, but I guess that is just for term life. None of it seems right. The way the accident happened is that him and another car hit almost head on, after this initial impact he was still alive. A truck came and hit him and that is what ejected him from the car and caused his death. His drinking was not what ultimately killed him, it was the second accident. We are thinking of getting a lawyer to help us but I guess I am wondering if it is worth it? There were four policies in total, all accidental death. One policy was paid, the other three have been denied. Any more advice would be greatly appreciated!

It is 2 years, not 1 year. I have not seen where CO is different from other states. And, that # is completely irrelevant to the accidental portion of the claim.