Many life insurance and accidental death policies contain a felony exclusion. The language often states that no benefits are payable if the insured dies while committing or attempting to commit a felony.
After a tragic death, families are sometimes stunned to learn that the insurer is invoking this exclusion even though there was never a criminal conviction. The insured was never tried. There was no guilty plea. In some cases, charges were never even filed.
That is where the “no conviction” defense becomes central.
What a Felony Exclusion Typically Says
Felony exclusions vary, but common language includes phrases such as:
• No coverage for loss occurring during the commission of a felony
• No payment if death results from criminal activity
• Exclusion for participation in illegal acts classified as felonies
Importantly, many policies do not explicitly require a conviction. They focus on the conduct itself.
Insurers rely heavily on that distinction.
The “No Conviction” Argument
Beneficiaries often argue that without a conviction, the insurer cannot prove a felony occurred. They point out:
• The insured was presumed innocent
• Criminal charges were dismissed or never filed
• The insured died before trial
• There was no jury finding of guilt
This argument emphasizes that criminal guilt must be established in court, and that an insurance company should not be allowed to declare someone guilty after death.
In some jurisdictions, courts give weight to the absence of a conviction, especially where the facts are unclear or disputed.
How Insurers Respond
Insurance companies typically respond by arguing that they are not bound by criminal standards of proof. Instead, they apply civil standards.
In civil disputes, the burden of proof is usually a preponderance of the evidence. That means the insurer may attempt to show it is more likely than not that the insured was committing a felony at the time of death.
Insurers may rely on:
• Police reports
• Witness statements
• Surveillance footage
• Toxicology results
• Accident reconstruction reports
They often assert that a conviction is not required unless the policy specifically says so.
Timing and Pending Charges
Disputes frequently arise in cases where:
• The insured died during a police pursuit
• The death occurred during an alleged burglary or robbery
• There was an alleged drug related offense
• The insured was involved in a physical altercation
• Charges were pending at the time of death
If the insured dies before the criminal process concludes, there may never be a formal resolution of guilt or innocence. Insurers may nonetheless deny the claim based on their own investigation.
Causation and the Scope of the Exclusion
Another key issue is whether the alleged felony must directly cause the death.
Some policies exclude coverage only if death results from the commission of a felony. Others exclude any death occurring while a felony is being committed, even if the felony did not directly cause the fatal injury.
For example:
• If someone dies in a car crash while fleeing police after an alleged felony, the insurer may argue the exclusion applies.
• If a person dies of an unrelated medical event while allegedly engaged in criminal conduct, the causation link may be weaker.
The exact wording of the exclusion is critical.
Disputed Facts and Gray Areas
Felony exclusions often hinge on contested facts. Questions may include:
• Was the conduct actually a felony under state law?
• Was the insured aware of the criminal nature of the act?
• Was the conduct properly classified as a felony or only a misdemeanor?
• Is there sufficient evidence to meet the civil burden of proof?
Insurers sometimes rely on preliminary police conclusions that were never tested in court. Beneficiaries may challenge the reliability of that evidence.
When Courts Side With Beneficiaries
Courts have, in some cases, ruled in favor of beneficiaries where:
• The evidence of felony conduct was weak or speculative
• The policy language was ambiguous
• The insurer failed to establish the elements of a felony under applicable law
• The alleged crime did not directly cause the death
Ambiguities in insurance contracts are often interpreted against the insurer.
Protecting Your Rights After a Felony Exclusion Denial
If your life insurance or accidental death claim was denied based on a felony exclusion, the absence of a criminal conviction may be significant. However, it does not automatically resolve the dispute.
A careful legal analysis should focus on:
• The exact language of the exclusion
• Whether a conviction is required under the policy
• Whether the alleged conduct meets the legal definition of a felony
• Whether the conduct caused or contributed to the death
• Whether the insurer can meet its burden of proof
An attorney experienced in denied life insurance claims can evaluate the insurer’s evidence, challenge unsupported conclusions, and pursue litigation if necessary.
Felony exclusions are powerful tools for insurers, but they are not limitless. When there has been no conviction and the facts are disputed, the denial may be open to challenge.