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The Allergy and the Denied AD&D Life Insurance Claim

Fatal allergic reactions are often sudden, violent, and completely unexpected. Yet life insurance companies routinely deny Accidental Death and Dismemberment claims in these cases, arguing that an allergy is a “sickness” rather than an accident.

That argument sounds technical. In many cases, it is also wrong.

This article explains how AD&D insurers misuse the sickness exclusion in allergy deaths, and how one beneficiary successfully forced payment after a wrongful denial.

Why AD&D Claims Are Treated Differently Than Life Insurance Claims

Standard life insurance pays upon death from almost any cause, subject to limited exclusions. AD&D coverage works differently. It only pays when death results directly from an accident.

That distinction gives insurers room to argue.

If they can reframe the cause of death as medical or internal rather than accidental, they avoid paying the AD&D benefit. Because AD&D payouts are often double or triple the base policy amount, insurers have a strong incentive to do exactly that.

Allergies are a common target.

Antonia’s Death Was Sudden, Violent, and Unforeseeable

Antonia was 55 years old and healthy. Years earlier, she had experienced a mild seafood reaction that caused hives. It resolved quickly. Doctors advised her to avoid seafood, which she did. There were no follow-up issues, no medications, and no warning signs.

For years, the issue never came up again.

At her birthday celebration, friends brought homemade food. Nothing was labeled. Antonia sampled several dishes. Within minutes, she broke out in hives, struggled to breathe, and collapsed. Emergency responders arrived, but the reaction progressed too quickly.

She died from anaphylactic shock.

An autopsy later showed trace amounts of shrimp, likely from a dish Antonia did not know contained shellfish.

She did not knowingly ingest seafood. She did not expect a reaction. She had no meaningful opportunity to avoid exposure.

The Insurance Company Denied the AD&D Claim Anyway

Antonia’s AD&D coverage was part of her workplace benefits. Her son, Benjamin, was the beneficiary.

The insurer denied the AD&D claim.

Their reasoning was simple. Antonia had an allergy. Allergies are medical conditions. The policy excluded death caused by sickness. Therefore, no accidental death benefit was owed.

The denial ignored everything that mattered.

Why the Sickness Exclusion Did Not Apply

Benjamin challenged the denial with legal help. The focus was not on whether Antonia had an allergy in the abstract. The focus was on what actually caused her death.

Key facts mattered:

• Her allergy had been dormant for years
• She did not knowingly consume shrimp
• The exposure was hidden and accidental
• The reaction was sudden and catastrophic
• Death was not expected or preventable

Courts do not define accidents based on hindsight. They evaluate whether the event was unintended, unforeseen, and external from the insured’s perspective at the time it occurred.

Antonia’s death met that definition.

Medical experts testified that dormant allergies can escalate unpredictably. Legal precedent showed that courts routinely treat unexpected allergic reactions as accidental deaths, especially when the exposure was unknowing.

The judge agreed. The insurer was ordered to pay the full AD&D benefit, plus interest.

Why Insurers Push the Sickness Argument in Allergy Cases

AD&D insurers frequently attempt to stretch the sickness exclusion beyond its purpose. Allergies are only one example.

Similar denials often involve:

• Bee stings
• Food reactions
• Medication reactions
• Infections following injuries
• Medical events triggered by accidents

In many of these cases, the accident sets everything in motion. The medical condition does not replace the accident as the cause of death.

Insurers rely on beneficiaries not knowing the difference.

What To Do If an AD&D Claim Is Denied After an Allergic Reaction

If your AD&D claim was denied because the insurer labeled the death a sickness, the denial deserves scrutiny.

Important steps include:

• Requesting the full policy and denial explanation
• Obtaining the complete claim file
• Reviewing the medical timeline carefully
• Identifying whether the exposure was accidental
• Consulting an attorney familiar with AD&D litigation

The presence of a medical condition does not automatically defeat an AD&D claim. What matters is how and why the fatal event occurred.

The Bigger Lesson

AD&D policies are written narrowly, but insurers interpret them aggressively. Allergy deaths expose how far companies are willing to stretch exclusions when the payout is large.

A denial letter is not a legal conclusion. In many cases, it is simply an opening position.

Unexpected allergic reactions can qualify as accidents. Courts recognize that reality, even when insurers refuse to do so.

If your claim was denied, the story may not be over.

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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