My husband died after slipping and falling on public property. As his beneficiary, I made a claim for his Accidental Death and Dismemberment insurance benefit. Unfortunately, the insurance company doesn’t agree that the slip and fall was an accident, but instead, negligence on my husband’s part. They have refused to pay the benefit. Do I have any legal recourse?
In order for an incident to be considered an accident, for the purposes of AD & D coverage, it would not generally matter whether the slip and fall occurred as a result of the injured person’s own negligence, subject to the specific exclusions contained in the policy. If a claim for AD&D is denied on these grounds you should have the policy and denial letter reviewed by a lawyer with experience in such claims to determine whether you can successfully challenge such a denial.
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