The Riverpoint Building
2300 15th Street Suite 200
Denver, CO 80202
Maps and Directions
Greenwood Village
5750 S. Ulster Circle, Suite 300
Greenwood Village, CO 80111
Maps and Directions

(303) 964-1800

Causes of Action for AD&D Claims

February 26, 2015

When life insurance coverage has been supplemented by accidental death and dismemberment (AD&D) insurance, obtaining AD&D benefits after the death of a loved one will generally involve proving that the death was caused by an accident. This may sound like a relatively straightforward process – and, in some cases, it can be.

However, depending on the circumstances of a death, establishing the accidental nature of the death can be far more complicated, creating additional challenges for beneficiaries to obtain the payouts to which they are entitled.

A Closer Look at Causes of Action for AD&D Claims

Causes of action for AD&D claims can put the burden of proof on the beneficiaries. However, Attorney Shawn McDermott is ready to help beneficiaries stand up to insurers and obtain the benefits they deserve.

Causes of action for AD&D claims can put the burden of proof on the beneficiaries. However, Attorney Shawn McDermott is ready to help beneficiaries stand up to insurers and obtain the benefits they deserve.

With causes of action for AD&D claims, here’s what beneficiaries may need to know:

Official reports can serve as evidence of an accidental death – For some AD&D claims, providing evidence of an accidental death can be as straightforward as providing insurers with official copies of an autopsy report, a police report, a medical examiner’s report and/or the death certificate.

Despite this straightforward proof, insurance companies have been known to ignore  official findings regarding deaths on some occasions.  Beneficiaries need to be prepared to challenge the insurers who question or even overlook this evidence.

Proving that an illness or impairment didn’t contribute to an accidental death may also be necessary – When an accidental death affects someone who was already living with a serious illness, injury or impairment, beneficiaries for these claims will typically also need to provide specific evidence to the insurer regarding the fact that an accident – and not the illness, injury or impairment – was the cause of death.

Deaths involving alcohol intoxication may present unique challenges – For some AD&D policies, there may be specific provisions excluding coverage in the event that the accidental death resulted from or was related to alcohol impairment/intoxication. With these cases, the burden of proof for a claim will usually be on the insurance company (rather than the beneficiary) to show that the claimed policy exclusion applies.

In particular, the insurance company will typically have to prove that use of alcohol was the only cause of death.  Not all AD&D policies contain specific exclusions for these accidental causes of death yet the insurer may still attempt to claim the death was not accidental in nature but rather a forseeable consequence of the intoxication.

After denials of AD&D claims, contact an experienced lawyer – With causes of action for AD&D claims, the bottom line is that dealing with insurers can be as frustrating as it may be complicated and that having an experienced attorney – like Denver Life Insurance Denial Attorney Shawn E. McDermott – on your side can be pivotal to the success of your claim.

So, don’t let insurance companies’ delays or denials stop you from pursuing the AD&D benefits you deserve. Contact McDermott Law today to learn more about your best options for proceeding.

You Can Trust a Denver Life Insurance Lawyer at McDermott Law, LLC

Has your life insurance and/or AD&D claim been denied? If so, you can turn to Denver Life Insurance Denial Attorney Shawn E. McDermott for experience in standing up to insurers and appealing or even litigating your claim denial. Experienced and trusted, Shawn McDermott has a record of success when it comes to helping people:

  • Stand up to insurers and fight insurance claim denials
  • Navigate the complexities of the legal system
  • Obtain the benefits they need and deserve.

To learn more about how the life insurance denial attorneys at McDermott Law, LLC can help you, set up a free initial consult with our office today by calling us at (303) 964-1800 or by emailing us using the contact form on this screen.

From our offices in Denver, we provide the highest quality legal services to people throughout the state of Colorado, the surrounding states and nationwide.

Categories: AD&D Claims, Blogs, Claim Denials, Life Insurance

DISCLAIMER

This site does not provide legal advice or services. Rather, it is for informational purposes only. Use of any information on this site is not intended to create an attorney-client relationship. Do not act on the information provided on this site without seeking legal counsel.