Life insurance claim denied, TX bad faith insurance laws

Life insuracne clai denied: I was in the process of filing a claim for Life insurance AD&D for my late husband. Now after a year and something I finally was able to get an answer out of the medical examiner who works my claim. He stated to me that my claim would be denied and that I will get the paper work stating the reason in days. he went on to tell me that the claim would be denied due to my husband blood alcohol level and other stuff that was on his death cet. My husband died so they say from toxic effects of opiates--no drugs he was taking cough syrup which had codeine in it was prescribed. You can't even get this type of medicine w/o it being so. He also died of chronic ethanol abuse and also his High blood pressure contributed to his death. I don't understand the life insurance ruling and need help as to what I should do I do think that I should get some of the insurance not all if that need be because all the premiums was paid and how can one tell another how they should have died. I don’t want to get myself worked up over all this again need help. - Is this your question? Add additional information
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Answers (3)

Kevin L Von Tungeln

Kevin L Von Tungeln

Contributor Level 4
You need to find a Texas attorney who handles Insurance Bad Faith. You need to act now, time is critical! Most of these attorneys will either talk to you over the phone, or see you for no charge. Again, I cannot stress how important that you act now and seek an attorney who handles Bad Faith Insurances cases.
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Lu Ann Trevino

Lu Ann Trevino

Contributor Level 8
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.

I am licensed in Texas. If you had a private life insurance policy or one provided by his employer, the carrier should pay for the claim. If the only insurance policy is accidental death & dismemberment, you have to show there was an "accident" which resulted in his death. If your husband was in a car wreck while he was driving AND had any drugs or alcohol in his body at the time, the insurer and the courts will say his death was not an "accident" because he contributed to the situation that caused his death. If the medical examiner lists the cause of death as some kind of intoxication, then there is no "accident" and no triggering event to require coverage.

These are generalizations because I do not have all the facts of your claim. You really should contact an attorney regarding this matter.
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David L. Leon

David L. Leon

Contributor Level 4
First off, I'm sorry to hear about your loss. As for your issue, in order for an AD&D policy to kick in, there has to be an accident. They are likely claiming that the use of illegal drugs is an exclusion or suicide. I would have to review the policy and the correspondence and all documents to be sure. Like most attorneys who handle bad faith claims, I would be happy to provide you with a free consultation.
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