I was denied an accidental death claim, do I have a case?

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I was denied an accidental death claim, do I have a case?

My wife passed last Aug. She choked on food and died. But due to her bad health she had been in and out of the hospital I was denied. I looked at the policy I had been paying on for 20 years and choking was considered an accident, but because of her past health I was denied. I didn’t get an autopsy, my Dr. said there was no need and I had completely forgot I had the insurance till I saw them taking the premium out 6 months later.

Asked on July 25, 2016 under Insurance Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An insurance policy is a contract: the insurer must pay when the facts of the situation, as applied to the specific words of the policy (all contracts are governed by their particular and exact terms) requires them to pay. Bring the policy and all the documentation about your wife's death to an attorney to review in detail with you; let the lawyer go over the policy and see if this is a situation in which you may have a claim. Your question can only be answered with recourse to the policy's exact language.


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