By: Boonswang Law Firm

Does Life Insurance Cover Accidental Drug Overdose?

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Will insurance companies pay a life insurance claim for a death caused by drug overdose? It may, depending upon the circumstances of the death.

If the insured died of a drug overdose within the contestability period, the life insurance company will almost certainly deny your claim for death benefits. Even if the insured died with drugs in their system after the contestability period, the life insurance company may deny your claim.

Wondering what to do if your claim was denied? If your claim was denied because the insured died with drugs in their system or the insured died from a drug overdose or alcohol poisoning, call us. We have gotten many beneficiaries paid under these circumstances, and we will investigate and find out whether you should be paid.

If You or Someone Close to You is Struggling with Substance Abuse, Contact SAMHSA’s National Helpline to Find HelpSAMHSA’s National Helpline, 1-800-662-HELP (4357), (also known as the Treatment Referral Routing Service) or TTY: 1-800-487-4889 is a confidential, free, 24-hour-a-day, 365-day-a-year, information service, in English and Spanish, for individuals and family members facing mental and/or substance use disorders. This service provides referrals to local treatment facilities, support groups, and community-based organizations. Callers can also order free publications and other information.s an Overdose Considered an Accidental Death

Each life insurance policy defines “accidental death” differently. The life insurance laws in each state will define “accidental death” differently as well. Whether the insured died from an accidental overdose of prescribed drugs or an overdose of illegal drugs may also matter.

Unfortunately, alcohol or drug use are among the most common reasons life insurance claims are denied. If you are a beneficiary whose claim was denied due to death by alcohol or drugs, call us. Your consultation will be free of charge, and we do not get paid unless and until you do. We’ve gotten many clients paid when their life insurance claim was denied due to suicide by showing that the death was accidental.

Case study: our client’s claim was denied when an insured died of an accidental drug overdose in his hotel room while on a business trip. We were able to show that the overdose was accidental and not suicide because he had laid out his clothing for the next day.

Does Life Insurance Cover Suicide by Drug Overdose?

Probably not. Suicide is a typical exclusion that is found on most life insurance policies, but it still may be worth your time to speak with a life insurance attorney.

“Exclusions” are the typical reasons life insurance won’t pay out. If the insured committed suicide by drug overdose after the contestability period, whether or not the policy will pay out will depend upon the exclusions in that policy and whether the facts point to accidental death rather than suicide.

If the insured died of suicide from a drug overdose during the contestability period, your life insurance claim will be denied.

If you or someone you know is struggling with thoughts of suicide, call the National Suicide Prevention Hotline at 1-800-273-8255 to access their national network of local crisis centers that provide free and confidential emotional support to people in suicidal crisis or emotional distress 24 hours a day, 7 days a week.

Will my life insurance claim be denied if the insured died from prescription drug overdose?

It depends upon whether the circumstances of the death show that the death was accidental or that the death was suicide, as well as the exclusions in the insured’s policy.

If the insured did not disclose that they took prescription drugs on their initial application and medical questionnaire, the life insurance company may deny your claim due to misrepresentation.

Can a Life Insurance Claim be Denied for Drug Use?

Will life insurance pay if drugs are in the insured’s system at death? Perhaps, but it is more likely your claim will be denied initially.

Life insurance companies only make money for their shareholders when they don’t pay claims. They may automatically deny your claim even if further investigation would show that the drugs were not the cause of death.

If the insured was using drugs but the drugs were not the cause of death, your claim for death benefits should be paid. If your life insurance claim was denied for marijuana use or other drug use, don’t take no as an answer! Call us – we may be able to help.

Case study: we got our client paid when the insured was killed in a motorcycle accident. While he had illicit drugs in his system, drug overdose was not the cause of death.

Typical Exclusions Related to Drugs and Alcohol Include:

  • no benefits will be paid for any loss or covered injury that: “…occurs as a consequence of being intoxicated or as a consequence of taking, using or being under the influence of any narcotic unless administered on the advice of a physician.”
  • Accidental death benefits are not payable when death occurs as the result of taking drugs or medications that are not prescribed to the decedent or when taking them against prescribed orders.
  • In no event will we pay a benefit where loss or injury is caused directly or indirectly by, results from, or there is contribution from, any of the following: (6) motor vehicle collision or accident where you are the operator of the motor vehicle and your blood alcohol level meets or exceeds the level at which intoxication is defined in the state where the collision or accident occurred, regardless of the outcome of any legal proceedings connected thereto.
  • The policy does not cover any loss resulting from injury sustained as a result of being legally intoxicated from the use of alcohol.

Was Your Claim Denied Due to Drug Overdose or Alcohol Poisoning?

If the insured’s death was due to drug overdose or the insured’s death was alcohol-related, and your claim was denied, there may be an argument that the insured’s death was accidental or that the cause of death was not substance abuse or overdose.

We have gotten many clients paid when the insured died with drugs or alcohol in their system. Call us today to schedule your free case evaluation, and let us help you get paid too.