AD&D Denial for Motorcycle Accident

As I understand from the insurance co., my AD&D claim for my husbands death due to a motorcycle accident, will be denied due to the Autopsy report citing Alcohol Levels. HOWEVER, the Death Certificate cites cause of death as "blunt force injuries of head, chest, and abdomen, and "certifies" by the office of coroner that "Manner of Death" was Accident. Is it possible/Should this AD&D policy (employer provided) pay this claim?
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Answers (3)

Steven Wayne Murray

Steven Wayne Murray

Contributor Level 4
Yes. You should contact a lawyer familiar with insurance law. In the meantime, it is safer for you not to discuss or communicate any further with the insurer. Let a knowledgeable professional advise you how to proceed so you don't inadvertently say something the insurer will take out of context or twist to its own advantage.
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Brian Richard Dinday

Brian Richard Dinday

Contributor Level 8
Insurance companies will try whatever they can to save money. If it means trying to bluff you into "going away", they will give it their best shot. You need to have an experienced personal injury attorney review the policy and give you an opinion. I have litigated PI cases for over 34 years and fought insurance companies successfully when they try to escape their contractual duty to pay benefits. You can review my website at http://Negligentdeath.com, or call me for a free consultation. I'd be happy to help. See the web site for contact info.

Don't back off on this until you have had a professional fully examine that policy. Exclusions in policies may or may not be enforceable in court, and ambiguities must be construed in YOUR favor, not theirs. Don't expect the insurance adjuster to tell you any of this. It is also not above them to quote you an exclusion that, taken out of context, sounds applicable, when in fact it is not. Don't trust them.
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steve

You may have coverage. You need a lawyer to review the policy, research any applicable case law and then make a demand for the policy limits from the insurance company. If the attorney determines that coverage clearly exists, he will sue the insurance company for bad faith permitting you to recover not only the benefits due and owing under the policy but also attorney fees and costs plus money to compensate you for your anxiety and worry over the wrongful denial. Imburg Law Firm specializes in these types of cases. See our website at Imburglaw.com
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