Published by The Pellegrin Firm August 31, 2019

Prescription drug abuse is a very visible issue in our society today. This problem is big in the news and big in the legislative and legal landscape.

Many life insurance policies, as well as accidental death and dismemberment policies/riders, contain explicit exclusions for deaths attributable to prescription drug abuse. It can be difficult to determine when these exclusions should apply, and Louisiana law restricts the application of these exclusions to very specific situations. Sometimes AD&D coverage is denied due to prescription drug use based on the allegation that an accidental overdose is not actually an accident.

Some judges have found insurers too quick to apply prescription drug exclusions to deny benefits. Sometimes insurers have made logical leaps unjustified by the science to find drug abuse based on the amount of a drug in the system of the deceased. Some insurers have applied prescription drug abuse exclusions when there is little evidence the alleged prescription drug use/abuse even played a part in the death.

If you are a beneficiary who has had a life insurance  or AD&D payout denied due to a prescription drug use exclusion, you shouldn’t take the insurance company’s initial denial at face value. It is worth it to file an appeal and file a lawsuit if necessary.