accidental death Archives - The Insurance & Reinsurance Report

May 15, 2015 Life, Health, Disability & ERISA

AD&D Policy Beneficiaries’ Recovery Limited To Death Benefits — No Recovery for Dismemberment Injuries Leading To Death

In Malbrough v. Kanawha Insurance Co., 2015 U.S. Dist. LEXIS 48394 (W.D. La. Apr. 9, 2015), the U.S. District Court for the Western District of Louisiana was asked to determine the benefit payable to the plaintiff beneficiaries under an Accidental Death and Dismemberment insurance policy issued by Kanawha. The court held in favor of the insurers, ruling that the beneficiaries were limited to death benefits only, and not to additional benefits relating to the loss of the decedent’s foot.

Following the death of the …

November 13, 2014 Life, Health, Disability & ERISA

Accidental Death Benefits are Payable Drowning, Even if Seizure Involved, was Cause of Death

In Chanthavong v. Union Security Ins. Co., (11/04/2014), the deceased, Corey Carter, was found in April of 2012, having accidentally drowned in his bathtub. Carter held a group life insurance policy established by his employer through defendant insurer that was subject to the provisions off the Employment Retirement Income Security Act. Carter named his son D.D.C., minor-plaintiff, the beneficiary on the policy. The defendant paid the general life insurance policy in full, but denied the claim under the accidental death policy, claiming the death was …