It depends on the details of the accident, and the fine print in the insurance policy. It may be worthwhile to have the policy reviewed by an attorney experienced in insurance law or personal injury cases.
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The terms of the policy would determine what coverage is available. The insurance company should be trying to settle the claim within the available policy limits. If you feel that is not happening you should retain an attorney to protect your interest.
This is a complicated area of law. The simple answer is that it all depends on the language of the policy and you need a good personal injury lawyer to tell you that. If there is a way to deny coverage, the insurance company will deny coverage and you will need a lawyer's advice. I suggest you see a lawyer now, have the policy examined, and perhaps have the lawyer notify the insurer that he has examined the policy and expects full coverage. One more thing, don't assume that a policy of $1.5 million will cover every death of an individual. It will depends on many other factors and your lawyer can help with that also. Better safe than sorry.
It is difficult to give an accurate evaluation of your claim based on the limited information provided. Find a local attorney and call for a free consultation
Generally, in the situation that you describe, if there is a loophole that the insurance company wants to use, they will send your father a reservations of rights letter or a similar notice that they are investigating or defending the matter, but reserving to them the right to disclaim coverage. If your father has not received such correspondence, you usually can assume that there is no policy or coverage defense which the insurance company intends to use to get out of of paying the claim.
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Most probably, your father's insurance company will take care of it. Although a wrongful death suit can be worth more than your stated policy limits, the extenuating circumstances you describe would probably motivate the plaintiffs to settle within the policy limits. Also, getting a judgment in excess of policy limits is often not worthwhile because a defendant can sometimes discharge the debt with a quick chapter 7. Your father should communicate with the insurance company about it. If litigation results, the insurance company will provide a defense attorney and your father should work closely with the attorney.
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