Most people who are beneficiaries under a life insurance policy presume that when the insured dies the insurance company will pay out under the policy. While this frequently happens, there are a number of exclusions that can prevent a beneficiary from receiving payments under a life insurance policy. One exclusion that can preclude recovery involves the suicide of the insured.
Suicide clauses that bar the payment of benefits if the insured commits suicide are included in virtually all life insurance policies. However, the exclusion can be buried in the policy and difficult to identify. The clause will usually be no more than a sentence or two and may not actually use the term suicide. Phrases that might be used to cover this exclusion include “death by the insured’s own hand” or “intentional self-destruction.” This variation in the way the exclusion is phrased can lead to disputes when interpreting whether a particular death falls within the exclusion.
While it might seem natural to assume that the meaning of the term “suicide” or the related phrases above are self-explanatory, insurance companies and policyholders often dispute the nature of the intent that must be present for an act to be excluded under this type of provision.
I have provided some examples of situations where the suicide exclusion typically will apply:
Acts Constituting Suicide
Intentionally taking your own life in an obvious way: This is the most clear cut type of suicide. Examples might include:
- A self-inflicted gunshot wound to the head
- Using a rope to hang oneself
- Jumping form a bridge or high building
Intentionally engaging in conduct with a high probability of causing a fatality: This type of activity might include playing Russian roulette where participants take turns firing a partially loaded firearm at their own head. Although the objective of the game is to avoid having a chamber with a bullet in the firing position, the high risk involved in the game willl have the insurance company arguing that the activity falls within the suicide exclusion. When a person uses a substantial quantity of drugs or commits DWI/DUI, these types of high risk activities also have the insurance company arguing that the activity falls within the exclusion for suicide. When a person takes an excessive amount of sleeping pills or otherwise intentionally overdoses, this will typically result in the insurance company arguing that the death falls within the suicide exclusion of the life insurance policy.
Fatality while engaged in conduct constituting a felony: This might include “death by police officer”, such as situations where a person provokes a shootout with law enforcement officers. This too will typically result in the insurance company arguing that the death falls within the suicide exclusion.
Acts Not Considered Suicide
There are other actions that some would consider suicide that generally do not preclude the paying of benefits to beneficiaries:
Reckless Driving: While driving at speeds exceeding a hundred miles per hour or driving while distracted might constitute a high risk of causing a fatal crash, this type of conduct will usually not be considered suicide under a life insurance policy.
Insanity: The impact of evidence that an insured was insane at the time of death will vary based on the laws of a particular state, evidence of insanity will complicate the insurance company’s ability to prove the insured committed suicide.
Unintentional Overdoses: While intentional overdoses may constitute suicide, an overdose or alcohol poisoning that is simply accidental will not fall within the suicide exclusion.
Enlisting the Assistance of Another Person: If a person is enlisted to kill an insured at the policyholder’s own request, this is considered an act of homicide, so it will not fall under the suicide exclusion.
You can reach Miami Life Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected].