What is an accidental death? Accidental death insurance is a form of life insurance that pays an indemnity in the event of an “accident” while life insurance is payable merely on account of the death of the insured. Oddly, most accidental death insurance policies do not include a definition of what is meant by an […]
Since the publication in 1943 of James M. Cain’s noir classic, “Double Indemnity,” there has been a public fascination with accidental death insurance. Surprisingly, even when a sudden and unexpected death occurs other than as a result of a heart attack or other clear-cut medical condition, the issue of whether the death was accidental or […]
Causation is always a key issue in accidental death insurance claims as a recent 1st U.S. Circuit Court of Appeals decision teaches.
In Arruda v. Zurich American Insurance Co., 2020 WL 880548 (1st Cir., Feb. 24), the 1st Circuit overturned a judgment in favor of the plaintiff, Denise Arruda, in relation to an accidental death insurance claim relating to the death of her husband, Joseph Arruda. The insurer maintained that Joseph’s death was caused or contributed to by Joseph’s pre-existing health conditions. The 1st Circuit agreed.
According to the Centers for Disease Control and Prevention, accidents are the fifth leading cause of death in the United States. Will your loved ones be financially protected should you succumb to an untimely death due to an accident? Accidental death and dismemberment insurance (AD&D) may be purchased in addition to traditional life insurance or offered by […]
What is a crime? Because accidental death policies exclude coverage if death occurs in the course of a commission of a crime, the question can be challenging as a recent decision by the 10th U.S. Circuit Court of Appeals illustrates. The ruling in Caldwell v Unum Life Insurance Company of America, 2019 WL 4463495 (10th […]
An inadvertent ambiguity in an insurance policy can be costly as Federal Insurance Co. learned in Tyll v. Stanley Black & Decker Life Insurance Program, 2019 WL 3081061 (D. Conn. July 12, 2019). There, the court resolved a motion for summary judgment seeking a determination as to the amount of business travel accident insurance owed […]