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Denied AD&D Claim

Denied Accidental Death and Dismemberment (AD&D) Claims

If your accidental death and dismemberment (AD&D) insurance claim was denied, you are not alone. Insurance companies often deny AD&D claims by disputing whether the death or injury qualifies as an accident under the policy terms. At Lassen Law Firm, we focus exclusively on helping beneficiaries and insureds recover denied life insurance and AD&D claims nationwide. Christian Lassen, Esq., a life insurance attorney with 25 years of experience, personally handles every case to ensure maximum recovery.

If an AD&D claim is denied, the beneficiary or insured has the right to appeal, demand the insurer’s evidence, and, if necessary, file a lawsuit for breach of contract or bad faith. Insurers must prove that exclusions or limitations apply to deny benefits.

What Is an Accidental Death and Dismemberment (AD&D) Policy?

An AD&D policy provides financial benefits if the insured suffers death or serious injury due to a qualifying accident. Covered events typically include accidental death, loss of limbs, loss of sight, or paralysis resulting directly from an accident and independently of other causes. AD&D coverage may be part of a group life insurance plan or purchased separately.

However, these policies often contain complex definitions of "accident," and insurers frequently attempt to classify accidents as excluded events.

Why AD&D Claims Get Denied

Insurance companies frequently deny AD&D claims by arguing that the death or injury was not truly accidental. They may allege that illness, intoxication, medical conditions, or voluntary risky behavior contributed to the death or injury. Insurers also sometimes cite technical exclusions buried in the policy to avoid paying benefits.

Denials are often based on narrow interpretations of what qualifies as an accident — interpretations that can and should be challenged.

How We Help With Denied AD&D Claims

At Lassen Law Firm, we challenge wrongful AD&D denials aggressively. We demand full disclosure of the insurer’s investigative file, analyze the policy terms carefully, and present evidence showing the accident qualifies for benefits. When necessary, we file lawsuits for breach of contract and insurance bad faith to enforce the policy.

For example, we recently helped a family recover a $250,000 accidental death benefit after an insurer claimed the death was caused by a "sickness" rather than an accident. Through strategic litigation, we proved the accident was the true cause and secured full payment.

Common Reasons AD&D Claims Are Denied

  • Death classified as sickness, not accident
  • Drug or alcohol exclusions
  • Voluntary risky behavior exclusions
  • Felony exclusions (death during criminal activity)
  • Death caused by medical complications after an accident
  • Death not "independently and exclusively" from an accident
  • Pre-existing condition exclusions cited incorrectly
  • Death or injury caused by self-inflicted harm
  • Employer-sponsored policy disputes under ERISA
  • Failure to meet proof of loss deadlines

What to Do After a Denied AD&D Claim

If your AD&D claim has been denied, follow these steps:

  1. Request a detailed denial letter explaining the insurer’s reasons.
  2. Gather all medical records, death certificates, accident reports, and policy documents.
  3. Do not attempt to appeal directly without legal advice.
  4. Contact a life insurance and AD&D attorney experienced with denied claims.
  5. Move quickly — appeal and lawsuit deadlines can be short.

Acting within ERISA’s strict timelines is crucial as missing deadlines can destroy your claim.

Contact us today for a free consultation.

Written & Reviewed by Christian Lassen, Esq., Nationally recognized life insurance lawyer: 25 years experience, hundreds of millions recovered.  Quoted in The Wall Street Journal ( May 17, 2025).

Last reviewed: June 8, 2025 | Contact 800-330-2274

Frequently Asked Questions About Denied AD&D Claims

  • An accident typically means an unexpected, external event that causes death or serious injury, without contribution from sickness or intentional acts.

  • Yes. Many AD&D policies exclude coverage if the insured was intoxicated at the time of the accident, even if alcohol did not directly cause death.

  • An illness exclusion denies coverage if death or injury resulted directly or indirectly from a sickness rather than an accident. Insurers often misuse this to avoid paying.

  • Insurers sometimes argue that medical complications negate accident coverage. However, courts often side with beneficiaries if the initial cause was truly accidental.

  • Most AD&D policies exclude coverage if the insured died while committing a felony. Proof of the felony is required for denial to stand.

  • Possibly. Activities like skydiving, racing, or mountaineering may trigger exclusions if specifically listed in the policy.

  • Insurers review medical records, police reports, toxicology results, and witness statements to try to disprove accident claims.

  • Yes. You can appeal and demand the insurer's entire claims file. Appealing with an attorney's help greatly increases your chances of success.

  • Yes. You can appeal and demand the insurer's entire claims file. Appealing with an attorney's help greatly increases your chances of success.

  • Most cases resolve within a few months if aggressively pursued, although complex cases involving disputes over accident classification may take longer.

  • Yes. If the policy is governed by ERISA, you must exhaust the plan’s appeal process before filing a lawsuit.

  • Proof of loss typically includes medical documentation, accident reports, and death certificates showing the cause of injury or death.

  • They can try, but unreasonable delays may constitute bad faith. Insurers are required to act promptly in investigating and paying valid claims.

  • Demand full disclosure of their investigative file and consult an attorney to challenge their findings and argue for accident classification.

  • Usually not — unless a heart attack or stroke was caused by a traumatic accident. Each case depends heavily on specific facts.

  • Usually not — unless a heart attack or stroke was caused by a traumatic accident. Each case depends heavily on specific facts.

  • Yes. AD&D policies often pay partial benefits for loss of limbs, sight, hearing, or paralysis, depending on the severity and policy language.

  • Yes. Most policies exclude coverage for self-inflicted injuries or suicide, whether intentional or while mentally impaired.

  • Rarely. Most policies exclude overdoses, but if the overdose was unintentional and accidental, it may still qualify depending on policy language.

  • Yes. Insurers use toxicology reports to argue intoxication exclusions. Interpretation of these reports is often key to winning disputes.

Our Clients Speak Volumes

The Right Choice for Your Claim
    Policy Lapse with Improper Notice
    “I was told the life insurance policy had lapsed due to unpaid premiums. But Christian Lassen's team proved the company had failed to send proper notice. They fought back and got the policy reinstated retroactively. I’m incredibly grateful.”
    - James L.

Why The Lassen Law Firm Is Different

  • Proven National Results
    Representing clients coast to coast and recovering hundreds of millions in denied life insurance claims, we secure justice and peace of mind for families everywhere.
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  • Client-First Advocacy
    No upfront fees: our contingency fee guarantee aligns our interests with yours; we provide personalized, compassionate representation from your initial consultation through resolution.
  • Media & Community Leadership
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Do You Need a Life Insurance Lawyer?

Please contact us for a free legal review of your claim. Every submission is confidential and reviewed by an experienced life insurance attorney, not a call center or case manager. There is no fee unless we win.

We handle denied and delayed claims, beneficiary disputes, ERISA denials, interpleader lawsuits, and policy lapse cases.

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