First off, my sympathies for your loss.
I have read several of the responses here so far and for the most part people don't know what they are talking about. Please listen to me because I am a licensed life insurance agent.
The company has to base their decision on whether or not they would have issued the policy based on the information that was on the application. If there was nothing seriously wrong with your husband health wise and the toxicology (meaning the blood work that was associated with the policy---not from the accident scene like the previous answerers thought) report comes back negative then THEY MUST PAY THE CLAIM. If they give you a hard time get a lawyer to call the Department of State, or the insurance commissioner or Attorney General and raise hell. These regulatory bodies won't look kindly on an insurance company that is denying a claim of someone in your position.
The only way that an insurance company can legally not pay a claim is if there is a 'material omission' on the policy. Meaning, for example, your husband had cancer and didn't put it on the application. Otherwise, they must pay.
I hope this helps and hope all works out for you.
2006-08-22 07:43:26
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answer #1
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answered by Anonymous
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"Tony's" answer is only partially correct, and only if the death occured while the policy is within its "Contestability" period (the first 2 years after the issuance of the policy). Positive tox results after the policy has been issued cannot be construed as being a "material misrepresentation," permitting rescission of the policy. Also, neither the Department of State nor the Attorney General have jurisdictional authority in this matter; only the courts in the insured's state of residence and that state's insurance commissioner have jurisdiction.
I agree with the majority of answers here, but I want to add these clarifications:
If this is an Accidental Death ("AD") policy or a Life policy with an AD rider, the company must determine whether or not your husband was impaired, which could have contributed to the accident.
There are some states (mine included) that do not permit these types of exclusions on regular life insurance policies. Because your state's insurance commissioner's office must review all policy forms before they're issued in your state, you can be assured the policy conforms with the law. So check the "Exclusions" section of the policy and any riders attached. This will give you guidance. If there are no relevent exclusions on the Life policy itself, but only on the AD rider, the company CANNOT delay payment of the life proceeds while it investigates whether payment should be made under the AD rider -- unless the policy itself was issued less than 2 yrs. before the death.
If you need help, you can call your state's insurance commissioner's office for assistance. You can also request that office conduct an investigation.
I hope this helps. Please accept my deepest sympathies for your loss.
2006-08-23 00:30:47
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answer #2
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answered by Suzanne: YPA 7
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There may be a provision in the life insurance policy that says the insurance company doesn't have to pay if the death is the result of contributory negligence. So let's apply that here -- your husband was killed in a truck accident (I'm very sorry; I lost my wife in a car accident five years ago, so I sort of know what you're going through) and they're waiting on a tox report. If it comes back showing that your husband was impaired by prescription drugs, illegal drugs, or alcohol, the insurance company may say he was partially to blame so they don't have to pay. If that happens, find a lawyer who will give you a free initial consultation and review your policy. The policy MUST specify that they can deny payment based on contributory negligence. Good luck, and hang in there!
2006-08-22 07:40:58
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answer #3
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answered by sarge927 7
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ordinary....a existence coverage coverage isn't an extremely good tax saving and funding concept. A existence coverage coverage could in ordinary words be used to guarantee a source of earnings for everybody whom you care about. once you've a better half/childrens to assist you could purchase the optimal volume of time period coverage you could have the funds for take even with mark downs you acquire from fending off paying for the very severe fee commonly used existence and different entire existence guidelines and putting that into more effective danger, more effective yielding investments.
2016-12-01 00:19:11
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answer #4
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answered by Anonymous
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You will need to go over the contract that he signed with the insurance company. If it states anything about drug use will not be covered in case of death, possibly including alcohol.
I do not deal with life insurance, but I have policies. You can always ask the insurance company what their stipulations are.
2006-08-22 07:42:19
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answer #5
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answered by Anonymous
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Has the policy been issued?
Toxicology means they are testing him for drugs/alcohol.
If the policy has been issued, it sounds like they are seeing whether or not to pay your death claim.
2006-08-22 07:41:00
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answer #6
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answered by bama_boy92 2
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It means they're checking the husband's blood to see if he was drunk or on drugs when he crashed. There may be a clause in the policy stating that if he was drunk or on drugs, they won't pay.
Until the report comes back, the beneficiary won't get a check.
2006-08-22 07:38:21
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answer #7
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answered by FozzieBear 7
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They're trying to see if he was on drugs or alcohol at the time of death.
I don't think it affects the actual payout amount, unless Workers Comp is involved.
2006-08-22 13:37:01
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answer #8
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answered by Anonymous 7
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They are just trying to find a way not to give compensation
2006-08-22 11:30:28
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answer #9
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answered by efrenchinkrungthep 1
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They are going to see if there was any drugs or alcohol in his system
2006-08-22 07:39:05
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answer #10
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answered by darcilynn83 4
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