Carbon monoxide poisoning deaths often appear to be classic accidental deaths. The gas is odorless, invisible, and frequently linked to furnace malfunctions, generator use, or vehicle exhaust exposure. Despite this, accidental death and dismemberment (AD&D) insurers sometimes deny claims involving carbon monoxide poisoning.
These denials usually arise when the insurer argues that the death was not purely accidental or that another exclusion applies under the policy.
Attorney Christian Lassen represents beneficiaries nationwide in disputes involving denied accidental death insurance claims.
Why Carbon Monoxide Deaths Are Sometimes Disputed
At first glance, carbon monoxide poisoning often seems like a clear accident. Many deaths occur when a heater fails, a generator runs in an enclosed space, or a vehicle produces exhaust in a garage.
However, insurers sometimes look beyond the immediate cause and examine surrounding circumstances. If they believe another factor contributed to the death, they may deny the AD&D claim.
Common issues insurers raise include:
Whether the poisoning was accidental or intentional
Whether intoxication contributed to the exposure
Whether the death resulted from illness rather than accident
Whether another exclusion applies under the policy
These disputes can arise even when the medical examiner lists carbon monoxide poisoning as the cause of death.
The “Accident” Requirement in AD&D Policies
Most AD&D policies require that death result directly from an accident. The exact language often states that the loss must occur directly and independently of all other causes.
Insurers sometimes rely on this language to argue that carbon monoxide poisoning was not purely accidental if other conditions were present.
For example, an insurer might argue that:
The insured had a medical condition that contributed to the death
If an accidental death claim has been denied following a carbon monoxide poisoning death, legal review may help determine whether the insurer properly applied the policy terms.