The insured in this case died as a result of polysubstance drug toxicity of Methadone-Xanax-Lamotrigine-Quentiapine-Cyclobezaprine-Promethazine. She was covered under an accidental death policy. Her husband filed a claim for ADD benefits following her death. The insurance company denied his claim stating: “Based on the information we have received, it would appear exclusion [x] applies and there is no coverage under the Accidental Death Benefit Rider: Exclusion – This provision does not cover death which… results directly or indirectly from any of the following causes … taking of any poison, drug, or sedative, or asphyxiation from inhalation of gas, whether voluntary or involuntary.”

Our client came to us for legal assistance. He felt his add claim was wrongfully denied, because his wife legally possessed the drugs that caused her death, i.e., she had been prescribed the drugs that caused her death by a physician as she had sought medical attention for pain relief. Our law firm successfully recovered this denied ADD claim on appeal.