Thursday, June 16, 2022

Can You Collect Life Insurance If Someone Overdoses

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A drug overdose occurs when the body has been overloaded with either prescription medication or an illicit substance. Under normal circumstances, our body’s metabolism would be able to detoxify the substance in order to avoid its potentially harmful …


What Happens If Your Life Insurance Beneficiary Dies Before You

What happens when a sole beneficiary dies? … But if your primary beneficiary dies before you do, then the death benefit would be paid to any contingent beneficiaries that you named on your application. If there are no contingent beneficiaries, then the death benefit will most likely be paid directly into your estate.

Typical Exclusions Related To Drugs And Alcohol Include:

  • no benefits will be paid for any loss or covered injury that: occurs as a consequence of being intoxicated or as a consequence of taking, using or being under the influence of any narcotic unless administered on the advice of a physician.
  • Accidental death benefits are not payable when death occurs as the result of taking drugs or medications that are not prescribed to the decedent or when taking them against prescribed orders.
  • In no event will we pay a benefit where loss or injury is caused directly or indirectly by, results from, or there is contribution from, any of the following: motor vehicle collision or accident where you are the operator of the motor vehicle and your blood alcohol level meets or exceeds the level at which intoxication is defined in the state where the collision or accident occurred, regardless of the outcome of any legal proceedings connected thereto.
  • The policy does not cover any loss resulting from injury sustained as a result of being legally intoxicated from the use of alcohol.

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Can Doctors Tell If You Overdose

Your doctor, your local poison center, or the emergency department of your local hospital may be able to help determine the seriousness of a suspected drug overdose. Development of any symptoms after drug overdose requires immediate and accurate information about the specific name of the drug, the amount of the drug

Can Life Insurance Companies Deny Claims

Can You Work Part

In many cases, insurance companies keep their promise and pay the benefits to the beneficiary after the insureds death. Read our blog post to learn how long should it take to get a life insurance check.

Very often, however, life insurance claims get denied for a variety of reasons.

Quickly put, a life insurance claim can be paid, denied, or delayed. So, yes, life insurance companies can deny claims and refuse to pay out and if youre here, chances are youre in the same situation.

A delayed claim is a claim that has not been paid or denied after all the necessary documents were submitted to the insurer. Beneficiaries need to know that unless they take action, a life insurance claim may be delayed for as long as several years.

In other words, life insurers do have the right to delay or deny a claim.

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What To Do If Suicide Is Not Covered

With proper care and medication or therapy, you may be able to show that any mental issues are under control. While not likely, a life insurance company could amend your policy to cover suicides if you apply for reconsideration. More likely, you can apply for a new policy where it is not excluded. You may be able to get a better deal on a new policy than your old policy if you qualify for a better health rating. You can always compare quotes from different providers here and investigate your options. Dont surrender your current policy until a new policy is issued though, otherwise, you risk being rejected on your new policy and going without coverage altogether. You may also be assigned a lower health rating, or your age may be advanced enough that the price is higher.

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Where To Buy Ad& d Insurance

You can generally purchase accidental death and dismemberment insurance as a separate policy or rider on a life insurance policy.

Major insurers typically issue AD& D policies and can also be purchased through credit card offers or credit unions. Some life insurance companies may include or offer AD& D in their group insurance plans.

The Employer Failed To Submit A Waiver Of Premium

How To Find Out If Someone Has Life Insurance

Group life insurance coverage is very common.

Whenever employees choose to participate in their employer-provided life insurance programs, they enroll into group life insurance plans. Many of such group plans provide coverage not only to the employees but also to their qualified dependents.

The employers role is often very important in explaining the benefits to its covered employees.

The human resources department is often responsible for acting as an intermediary between the life insurance company and insured employees and has a duty to provide accurate information regarding benefits.

Unfortunately, often, an employer will misrepresent information about life insurance coverage to its employees which can result in denied benefits after the employees death.

Our life insurance attorneys always advise clients to review group life insurance policies carefully when electing coverage. Additionally, whenever there is a change in the group plan, it is a good idea to make a note of that change and review the policy and eligibility requirements periodically.

Unfortunately, in many cases, employees are never provided with a copy of their life insurance policy and have only a vague idea about what constitutes a qualified loss or who is considered a qualified dependent.

If you find yourself facing this issue, read our blog post to learn more about how to handle claim denials based on waiver of premium benefit and see how we solved such a case.

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Find Cheap Life Insurance Quotes In Your Area

Life insurance policies will usually cover suicidal death so long as the policy was purchased at least two to three years before the insured died. There are few exceptions because after this waiting period, a life insurance policy’s suicide clause and contestability clause expire. However, your beneficiary’s claim can still be denied if you failed to disclose information at the time you purchased the policy, such as risky behaviors or a diagnosis for depression.

  • How to prevent a denied life insurance claim after suicide
  • + Reasons For Life Insurance Claim Denials Or Delays: Why Insurers Wont Pay Out

    • Tatiana Kadetskaya

    The primary purpose of life insurance is to protect family members financially after their loved ones death. However, a life insurance policy is not offering guaranteed protection. Even if they are valid, legally binding contracts, they are usually filled with loopholes that insurance companies can leverage to not pay out the benefits.

    Generally, the insured policy owner pays premiums to the insurance company in return for its promise to pay a certain amount of money to the beneficiary after his death. When the insured person dies, the beneficiary has the right to submit a claim with the insurance company. Read how to file a life insurance claim for benefits as well as how long you have to claim it.

    If your life insurance company wont pay out, we can help. After years of practice, we recovered millions of dollars in denied insurance claims. with one of our life insurance attorneys.

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    Was Your Life Insurance Claim Denied Because The Insured Died During The Contestability Period

    If a policyholder dies shortly after buying life insurance, the insurance company has more freedom to contest/deny the beneficiarys claim. Consequently, it is all the more important to contact an experienced life insurance beneficiary lawyer if your claim has been unjustly delayed or denied. Call us if your claim has been denied because the insured died within the contestability period we get our clients paid!

    Chad Boonswang

    Chad G. Boonswang, Esquire is a litigation lawyer based in Philadelphia, PA. Selected as an ASLA 2014, 2015, 2016, 2017 and 2018 Top 100 Litigation Lawyer, Mr. Boonswang plays to win. As a lawyer, athlete, and scholar, he has always put in the energy, time, and commitment to be the best. After working for several prominent law firms in Philadelphia, including Montgomery McCracken Walker & Rhoads LLP, he founded his own practice in 2002. Since then Chad has recovered tens of millions of dollars on behalf of his clients from life insurance claims and catastrophic injury cases. Year after year, he has earned a 10.00 Superb rating on Avvo.

    Voices From The Front Lines Of The Drug War: Denise Cullen

    How You Can Purchase Life Insurance Online

    Denise Cullen, co-founder and board member of GRASP and Broken No More, became an outspoken advocate for drug policy reform after losing her son, Jeff, to an overdose in 2008.

    Housing and the Overdose Crisis

    The drug war has seeded ineffective and inhumane housing policies on drug use, which make it possible for landlords to evict people who use drugs. Eviction increases the risk of overdose death and causes homelessness. These policies hurt people and do not make communities stronger or healthier.

    Learn more about how the drug war invades our homes at

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    History Of Mental Health Issues Or Past Suicide Attempts

    It is possible that given your specific history, such as a documented case of trying to commit suicide in the past or a history of mental health issues, that a life insurance company will exclude suicide from a covered death. They might do this if they perceive you to have a very high chance of committing the act at some point in the future. If your policy explicitly excludes suicide as a covered death, be aware.

    Can A Life Insurance Claim Be Denied For Drug Use

    Will life insurance pay if drugs are in the insureds system at death? Perhaps, but it is more likely your claim will be denied initially.

    Life insurance companies only make money for their shareholders when they dont pay claims. They may automatically deny your claim even if further investigation would show that the drugs were not the cause of death.

    If the insured was using drugs but the drugs were not the cause of death, your claim for death benefits should be paid. If your life insurance claim was denied, dont take no as an answer! Call us we may be able to help.

    Case study: we got our client paid when the insured was killed in a motorcycle accident. While he had illicit drugs in his system, drug overdose was not the cause of death.

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    How Individual Life Insurance Handles Suicide

    How a life insurance policy will handle suicide depends in part on the type of coverage individual versus employer-paid group life insurance. Individual policies are the kind you buy on your own group life insurance is the kind you get through an organization, such as an employer.

    Virtually all individual life insurance policies contain a clause denying payment if the insured person dies from suicide during a certain period after a policy goes into effect, says Paul Graham, senior vice president of insurance regulation and chief actuary of the American Council of Life Insurers. The period is the first two years for most policies and one year for some, depending on the state where it was purchased.

    This is generally seen by the industry and regulators as sufficient time to prevent policies from being purchased by someone who intends to commit suicide, Graham says.

    If death from suicide occurs after this period, then the life insurance policy will pay out as it would for death from illness or other insured causes.

    If the suicide occurs within the excluded period, the life insurance company wont pay the death benefit. Generally in this case the insurer will return the premiums paid for the policy, minus any premiums that were owed before death, Graham says. If it was a whole life insurance or other permanent policy, any outstanding loans against the policys cash value would be subtracted as well, Graham says. The returned premiums would go to the policys beneficiary.

    Life Insurance Payout Delays

    What To Do If Life Insurance Wonât Pay An Accidental Death & Dismemberment Claim â John V. Tucker

    If the insured person dies within two years of initiating a life insurance policy, the company may invoke a contestability clause. This gives them extra time to investigate the claim.

    They will look at the claim carefully to make sure it’s not a case of insurance fraud. If the cause of death is suicide or the insured person misrepresented facts in their insurance application, the claim may be denied by the insurance company.

    Beneficiaries may have to wait for the insurance company to investigate the death claim. If the cause of death is listed as a homicide, the insurance company will likely work with the police department to confirm that the beneficiary is not a suspect.

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    Can Life Insurance Companies Deny Benefits If The Insured Died Of A Drug Overdose

    A serious and important question in a life insurance policy case can be: Is a death caused by a drug overdose an accident or is it an intentional act that can permit an insurer to deny benefits under the terms of the policy?

    Courts in the Sixth Circuit have wrestled with this issue for decades, but they now appear to agree that, barring evidence that the insured intended to commit suicide, a drug overdose should be deemed an accident, and not an intentional act.

    In Andrus v. AIG Life Ins. Co., , the Plaintiff was the beneficiary of her husbands life insurance policy. The life insurance policy was governed by ERISA. The Plaintiff was denied benefits after her husband overdosed on prescription medication, including OxyContin. Under the terms of the life insurance policy, coverage was available only in the event her husbands death was an accident. The policy did not define the term accident however, it excluded coverage from death caused by intentionally self-inflicted and suicidal acts.

    In Andrus, the insurance company argued that the husbands death was a purposeful infliction of injury on himself. The husband had been treated previously for dependency on OxyContin, and his doctor had warned him not to take more than the recommended amount. Based on these facts, the insurance company argued that the husband had a general idea that some kind of injury was likely if he misused OxyContin.

    Not Naming A Beneficiary

    The death benefit payout gets complicated if you don’t have designated beneficiariesor if you do and they predecease you. In these situations, the death benefit goes to your estate and not necessarily to your loved ones.

    It’s essential to designate primary and contingent beneficiaries to receive the insurance death benefit in the event of your untimely death. Otherwise, the benefits are subject to probate, and they ultimately may not end up where you intended.

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    Life Insurance And Cocaine: How Do Insurers Look At It

    Can You Overdose on Suboxone?

    There are many aspects to consider in relation to health and cocaine usagerecreational use/addiction, length of use, adverse health effects, and overdoses.

    To start, were going to focus on the potential life expectancy of a cocaine user.

    Life insurance companies base coverage on their level of risk to insure youthey use risk assessment criteria to calculate premium rates based on the probability of whether or not you will file a claim. The underwriters then balance the insurers profitability with your potential need to use the life insurance policy.

    The underwriters goal is to protect the insurance companies and policyholders. If the criteria tend to result in more life insurance payouts, the price for coverage increases. For example, smokers are more likely to need hospitalization than non-smokers.

    Due to the negative health implications of being a cocaine user, you can see how this would have an effect on life insurance premiums.

    If youd like to learn more about the life insurance underwriting process,

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