Our law firm recovered benefits for a client whose accidental death claim was denied due to an illicit drug exclusion in the insurance policy. The insured died in a single vehicle crash after he lost control of his motorcycle. His cause of death was stated as multiple blunt injuries and the manner of death was classified as an accident. The insured’s toxicology report showed that he tested positive for Delta 9-THC in the amount of 0.75 ng/mL. The insured was covered under a group life insurance policy which included an accidental death rider. The accidental death rider contained an exclusion which read:
A Loss is not covered if it results from any of these:
(…) Being under the influence of or taking any non-prescription drug, medication, narcotic, stimulant, hallucinogen, barbiturate, amphetamine, gas, fumes or inhalants, poison or any other controlled substance as defined in Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as now or hereafter amended, unless prescribed by and administered in accordance with the advice of the insured’s Doctor.
The insurance company denied our client’s ADD claim noting that although the decedent sustained an accidental bodily injury that resulted in his loss of life, he was under the influence of a hallucinogen and the claim, therefore, did not meet the group policy’s benefit provisions.
Our law firm was successful in recovering the denied ADD benefits within two months of the date of the denial letter. If your accidental death claim has been denied due to the drug exclusion, please call us for a free consultation.