This week’s notable decision is Tran v. Minnesota Life Ins. Co., No. 17-CV-450, 2018 WL 1156326 (N.D. Ill. Mar. 5, 2018), a case involving a denial of accidental death & dismemberment (AD&D) benefits on the basis of policy exclusions for intentional injuries.  Here, the insured’s death was caused by “Asphyxia due to hanging, autoerotic in nature.”  Following his death, the insured’s wife submitted a claim for AD&D benefits under the insured’s group policies.  As you might have guessed, Defendant Minnesota Life denied the claim.  Its rationale was that the insured intentionally put a rope around his neck to cut off the air flow to the lungs and blood flow to the brain, resulting in lost consciousness and death.  Since the death resulted from a self-inflicted injury, the policies’ exclusions for death caused by self-inflicted injuries apply.  

In appealing the claim denial to Minnesota Life, Plaintiff submitted evidence showing that her husband’s death was accidental in nature and that he did not intend or attempt to self-inflict injury to himself.  She explained, “[a]lthough perhaps more unusual, autoerotic asphyxiation is no different than sky-diving, motorcycle riding, or sailing, in that they are activities people take part in for enjoyment, but which may conceivably lead to their death in the event of accident.”  Defendant obtained a report from a doctor who explained that the risk of death from autoerotic asphyxia is high because the practitioner is alone and unconscious.  Defendant upheld its claim denial and Plaintiff filed suit.
Continue Reading Insurance Company Must Pay AD&D Benefits for Death By Autoerotic Asphyxiation