Our Life Insurance Law Firm Secures $218,000 After Alcohol-Related Denial
We are proud to share that our life insurance attorneys successfully resolved a denied life insurance claim worth $218,000. The case involved a disputed death benefit denial in which the insurer cited the policyholder’s high blood alcohol content (BAC) as the basis for refusing to pay. After a thorough investigation and aggressive legal advocacy, we were able to overturn the denial and ensure the rightful beneficiary received the full payout.
Can High BAC in an Autopsy Report Lead to Life Insurance Claim Denial?
Yes, a high blood alcohol content (BAC) at the time of death can lead to a life insurance claim denial, but it must be connected to either a misrepresentation on the application or an excluded cause of death under the policy.
Here’s how it typically plays out:
1. During the Contestability Period
Life insurance policies usually contain a two-year contestability clause. Within this window, insurers have the right to investigate the original application and rescind the policy if they find any material misrepresentation—such as undisclosed alcohol abuse. If the policyholder died within this period and had a high BAC, the insurance company might look at:
Whether the insured failed to disclose a history of alcohol use or treatment
Whether alcohol was a direct contributing factor in the death
Whether the high BAC contradicts the lifestyle claimed in the application
If the insurer proves a material misstatement tied to the death, it can result in complete claim denial or a reduced payout.
2. After the Contestability Period
Once the contestability period ends, the insurer can no longer rescind the policy based on application misstatements—but they may still deny a claim based on policy exclusions. For instance, some policies exclude coverage if death occurs while the insured is intoxicated or committing an illegal act (such as DUI). If the policyholder died in a car accident while intoxicated, the insurer may invoke such exclusions to avoid paying out.
3. What If the BAC Was High, But Not the Cause of Death?
This is a critical question. A high BAC alone is not enough to deny a claim unless it directly contributed to the cause of death or tied back to a material misrepresentation. For example, if the insured passed away from a heart attack and just happened to have alcohol in their system, the high BAC is not necessarily relevant—especially if there was no misstatement on the application.
In many cases, insurers stretch the interpretation of exclusions to avoid paying claims. This is where legal advocacy matters most.
Fighting a Life Insurance Denial Based on High BAC
When a life insurance claim is denied due to intoxication, it’s important to act quickly and strategically. A denied claim does not mean the case is over. Beneficiaries can challenge the denial by:
Presenting medical records and autopsy reports that clarify the actual cause of death
Demonstrating that alcohol was not a contributing factor
Providing witness statements or expert opinions that disprove the insurer’s narrative
Reviewing the original application for any alleged misstatements and determining if they were truly material
If you’re facing a denied claim over alleged intoxication or high BAC levels, you should consult a life insurance lawyer who understands how to dismantle the insurer’s argument.
Our legal team has extensive experience overturning these kinds of denials—even when the insurer initially seemed firm in their position. We’ve successfully handled claims involving DUI-related exclusions, accident policies, and high BAC findings in autopsies. Each case is unique, but our goal remains the same: to get you the benefits you were promised.
Life Insurance Lawyers Who Know How to Win BAC-Related Denials
Insurance companies often rely on broad exclusions and technicalities to avoid paying claims. High BAC allegations are one of their most common tactics—especially in cases involving car accidents, falls, or overdose suspicions. But these exclusions don’t always apply, and many denials are made in bad faith.
At our firm, we challenge these denials head-on and build strong, evidence-backed cases to prove the beneficiary’s right to payment. If you’ve been denied due to an alleged high BAC in an autopsy report, you don’t have to accept the insurer’s decision. Let us review your case for free.
Frequently Asked Questions
Can life insurance be denied if alcohol is found in the system?
Yes, but only under specific circumstances. If the alcohol contributed directly to the cause of death or if the policy contains an exclusion for death while intoxicated, the insurer may deny the claim. However, if the alcohol was unrelated to the death, the claim should still be paid.
What is considered a high blood alcohol content (BAC) in a life insurance case?
A BAC of 0.08% or higher is commonly used to define legal intoxication. However, insurers may cite even lower BAC levels depending on the wording of the policy. Some policies are vague, which gives insurers room to interpret exclusions broadly.
Does a DUI accident always lead to denied life insurance?
Not always. While some policies exclude coverage for deaths that occur while committing an illegal act (like DUI), the circumstances matter. If the policyholder was not found to be at fault, or if the DUI was not the proximate cause of death, a claim may still succeed.
What if the death occurred during the contestability period?
If death occurs within the first two years of the policy, the insurer may investigate for misrepresentation, including nondisclosure of alcohol use. If they find the application inaccurate and believe it was material to the risk, they can attempt to rescind the policy.
Can alcohol-related exclusions apply to accidental death and dismemberment (AD&D) policies too?
Yes. AD&D policies often have stricter exclusions for intoxication. If alcohol contributed to the accident, the insurer may deny the AD&D benefit, even if the base life policy pays.
What happens if the policyholder never lied about alcohol use?
If the application was truthful and complete, and the BAC wasn’t relevant to the cause of death, the insurer has little justification for denying the claim. Many denials in these cases are successfully reversed with legal help.
Can you fight a BAC-related denial without a lawyer?
While it’s possible to challenge a denial yourself, life insurance companies have entire departments focused on claim defense. An experienced lawyer will know how to interpret policy language, gather expert opinions, and push back effectively.
How can I prove the BAC didn’t cause the death?
By using medical records, toxicology reports, expert medical testimony, and witness statements. For example, if the death was due to a medical event unrelated to alcohol, you can show the BAC was incidental.
Can insurers deny claims just because someone had alcohol in their system?
No. Presence of alcohol alone is not grounds for denial unless it’s shown to be the cause of death or falls under a clearly defined policy exclusion.
Do you offer free consultations for denied life insurance claims?
Yes, our firm offers no-cost consultations to review your case and help you understand your rights. We only get paid if we recover benefits on your behalf.