Life insurance policies often contain exclusions for so-called hazardous pursuits, including skydiving. But an exclusion does not automatically give an insurer the right to deny every claim connected to a recreational activity. In many cases, denials are based on overly broad readings of policy language or on assumptions about what actually caused the death. If a claim has been denied after a skydiving accident, that decision may be challengeable.
John’s Case: A Skydiving Tragedy and a $400,000 Denial
John was an experienced skydiver who regularly participated in organized group jumps. During one jump, he failed to deploy his parachute and fell to his death. After his passing, his daughters, Mikchele and Cindy, filed a claim under his $400,000 life insurance policy.
The insurer denied the claim, relying on a policy exclusion for deaths “resulting from descent from an aircraft while in flight.” According to the insurer, John’s death fell squarely within this exclusion. His daughters disagreed. They believed the insurer had applied the exclusion mechanically, without examining what actually caused their father’s death.
The Real Dispute: What Caused the Death
The insurer’s position was simple. John exited the aircraft, descended, and died. Therefore, the exclusion applied.
The family’s position was more nuanced. Fellow skydivers reported that John exited the plane back-first, showed no attempt to stabilize himself, and never attempted to deploy his parachute. He did not respond to radio calls during the descent. These facts raised a serious question about whether John experienced a sudden medical emergency, such as cardiac arrest or loss of consciousness, immediately after exiting the aircraft.
If John died or became incapacitated due to a medical event before impact, then the descent itself may not have been the cause of death. That distinction matters. Life insurance exclusions must be applied based on causation, not just the surrounding activity.
Why Cause of Death Matters in Skydiving Denials
In John’s case, no autopsy was performed. The trauma from the impact made it impossible to determine a definitive medical cause of death. This lack of certainty became central to the legal dispute.
Insurance companies bear the burden of proving that an exclusion applies. They cannot simply assume that participation in an excluded activity automatically caused the death. When evidence is inconclusive, courts often scrutinize whether the insurer has actually met its burden.
Here, the unanswered question was whether John died because he was skydiving or whether he suffered a fatal medical event while skydiving. Those are not the same thing under insurance law.
Ambiguous Policy Language Often Favors Beneficiaries
Life insurance policies are contracts drafted by insurers. When policy language is unclear or open to more than one reasonable interpretation, courts frequently interpret that language in favor of the policyholder or beneficiary.
In John’s case, the phrase “death resulting from descent from an aircraft while in flight” became the focal point. Did the descent cause the death, or was the descent merely the setting in which something else happened? With no definitive medical proof, the insurer faced an uphill battle. Ambiguity weakens exclusions, especially when the insurer cannot establish causation with evidence.
Why Legal Representation Is Critical in Skydiving Claim Denials
Skydiving-related denials are rarely straightforward. They often involve disputes over medical causation, witness testimony, and technical policy language. Insurers rely on exclusions because they assume families will not have the resources or knowledge to challenge them.
An experienced life insurance attorney can examine the policy wording, analyze the insurer’s burden of proof, obtain witness statements, and challenge unsupported assumptions. In cases involving recreational activities like skydiving, scuba diving, or aviation, legal pressure is often the only way to force a fair evaluation of the claim.
You Do Not Have to Accept the Denial
John’s daughters did not accept the insurer’s decision without a fight, and many families in similar situations should not either. Even when a death occurs during an activity labeled “high risk,” the insurer still must prove that the exclusion clearly applies and that the activity actually caused the death.
If your life insurance claim was denied because your loved one died while skydiving, the denial may not be final. Policy exclusions are narrower than insurers often claim, and ambiguous cases frequently favor beneficiaries. A legal review can determine whether the insurer overreached and whether the full benefit can still be recovered.
If you need legal help with a life insurance dispute in Colorado, we can help.
FAQ: Life Insurance Denials Involving Skydiving
Can life insurance companies deny claims for skydiving deaths?
Yes, many policies contain exclusions for hazardous activities. However, the insurer must prove the exclusion applies and that the activity caused the death.
What does a typical skydiving exclusion look like?
Common language excludes deaths “resulting from descent from an aircraft while in flight” or deaths occurring during specified high-risk activities.
What if the cause of death is unknown?
If the insurer cannot prove that skydiving caused the death, the exclusion may not be enforceable. Ambiguity often favors the beneficiary.
Can a denial be challenged even if the insured was skydiving?
Yes. Many successful challenges focus on causation, medical evidence, or unclear policy wording.
What if a medical emergency occurred mid-jump?
That can be decisive. If a heart attack, stroke, or other medical event caused death, the exclusion may not apply.
Does the lack of an autopsy automatically defeat the claim?
No. The insurer still bears the burden of proof. Absence of medical certainty can undermine the denial.
Do courts strictly interpret insurance exclusions?
Yes. Exclusions are narrowly construed, and unclear language is often interpreted against the insurer.
Should I hire a lawyer for a skydiving-related denial?
Yes. These cases involve complex factual and legal issues that are difficult to handle without experienced legal help.
What should I do after receiving a denial?
Preserve the policy, gather witness statements, and contact a life insurance attorney promptly.
How much does it cost to hire a life insurance attorney?
Most firms handle these cases on a contingency basis, meaning no fee unless money is recovered.