Accidental Death

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Ambiguous Wording in Policy Costs Insurer Additional $4M

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 […]

Is Death Resulting From Autoerotic Asphyxiation a Self-Inflicted Injury?

Is death resulting from autoerotic asphyxiation gone wrong an accident or is coverage under an accidental death insurance policy precluded by the policy’s “self-inflicted injury” exclusion. A recent appellate court ruling overturned a lower court’s determination that the language of the exclusion is ambiguous and therefore had to be resolved in favor of the insured […]

Is Death Resulting From Autoerotic Asphyxiation “Accidental”?

Anecdotally, the most litigated accidental death insurance claims involve drunk driving. The next most prevalent type of litigated accidental death claim are cases involving autoerotic asphyxiation. The recent ruling in Tran v. Minnesota Life Ins. Co., 2018 WL 1156326 (N.D. Ill. March 5, 2018) was one such case. The plaintiff was the widow of an […]

Medical complications and accidental death insurance

DeBofsky Law recently won an important accidental death insurance case in the U.S. Court of Appeals – Prather v. Sun Life and Health Insurance Company, 2016 WL 7232144 (7th Cir. December 13, 2016) – /Cases/Prather-v-Sun-Life.pdf.   The case was brought on behalf of Lee Ann Prather, the widow of Jeremy Prather, who died at age 31 […]