What is the name of your state (only U.S. law)? MA
I have been denied the accidental death benefit from my deceased husband's life insurance policy. Low levels of THCA were found in his urine (5 ng/ml).
Policy limitations state: Benefits are not payable for any loss to which a contributing cause is:
(1) Voluntary use of drugs; except when prescribed by a physician
In my research I have found that this level in his "blood" would signify drug use within 2 hours of his death. But his blood was not tested, only urine. From what I have found, urine levels over 50 ng/ml only suggest past use and cannot determine a time frame. I know for a fact that he was not smoking the day of his fatal crash. I don't consider the levels in his urine to be a "contributing factor". With levels that low I have even read it could have been caused from second hand smoke inhalation. How should I pursue this? I have the right to appeal their decision in writing. Should I see how that goes before hiring a lawyer?
I have been denied the accidental death benefit from my deceased husband's life insurance policy. Low levels of THCA were found in his urine (5 ng/ml).
Policy limitations state: Benefits are not payable for any loss to which a contributing cause is:
(1) Voluntary use of drugs; except when prescribed by a physician
In my research I have found that this level in his "blood" would signify drug use within 2 hours of his death. But his blood was not tested, only urine. From what I have found, urine levels over 50 ng/ml only suggest past use and cannot determine a time frame. I know for a fact that he was not smoking the day of his fatal crash. I don't consider the levels in his urine to be a "contributing factor". With levels that low I have even read it could have been caused from second hand smoke inhalation. How should I pursue this? I have the right to appeal their decision in writing. Should I see how that goes before hiring a lawyer?