AD&D Insurance

We offer a free consultation and no fees unless you win.

Non-payment of accidental death and dismemberment (AD&D) claims are upsetting and often confusing. When claims are denied it may relate to issues regarding underwriting or interpretation of policy terms.

Before accepting a refusal by your insurance company to pay out on your accidental death and dismemberment policy, we encourage you to consult with an accidental death and dismemberment lawyer to determine whether we can assist you in recovering all or part of what rightly belongs to you or your family.

The two biggest reasons for an AD&D claim to be denied are related to whether the medical condition was accidental and/or whether the nature and severity of the injury meets the listed losses outlined in the AD&D coverage. Clients often worry that it’s because of something they did wrong when applying for their pay out or in the way they kept track of medical history or medical records, and while that is possible, it is also the insurance company's job to look hard for even the smallest way to get out of paying a claim. You are not the first person who has not received this payout.

Was your Injury Accidental?

What is considered an accident? This may seem obvious but there have been conflicting legal decisions regarding what constitutes accidental injury that triggers entitlement from various insurance carriers under an Accidental Death and Dismemberment insurance policy. As an example, in past court decisions, Canadian courts have found that death suffered as a complication of a medical procedure is not an accident, while contracting West Nile Virus resulting in paralysis is an accident. If your insurance company is denying your AD&D claim stating it was not an accident, it would be best to contact our team of accidental death and dismemberment lawyers to see how we can assist. When you book a free consultation with our legal team, you should be prepared with your medical records and as much information as you can about the insurance policy.

Does the Injury Meet the Definitions Under the Accidental Death and Dismemberment Insurance Policy?

AD&D coverage lists various injuries that would qualify for a lump sum payout. Any injury listed will include a definition of the specifics of the injury required in order for you to be eligible for the payment. When claiming for an AD&D benefit, the insurance company will look over all medical information to see if you meet the definitions based on their interpretations. For instance, in one case a claim was made for paraplegia based on the following definition of paraplegia, “…the loss of use of both lower limbs”, and loss of use was defined as “… the entire and irrecoverable loss of use beyond remedy by surgical or other means”. The accidental death and dismemberment claim was denied because the injured person’s condition did not meet these definitions, while the evidence showed that he had lost all practical and functional use of his legs, even though he still had some partial use of his legs. In this case, he was successful, although a court could have ruled otherwise.

These cases are focused both on the policy wording and the specific facts of each case, but an initial denial by the insurance company should not be taken at face value, without being further reviewed. If your insurance company is stating that you do not meet the definitions of the AD&D benefit policy, contact one of our AD&D lawyers for exceptional legal services to see how we can fight their decision to not pay. If you or your loved one has been through something as tragic as losing a limb or losing their life, you deserve to have the best disability and life insurance lawyers.

We Can Help

Before accepting a refusal by an insurance company to pay out on your or a loved one’s accidental death and dismemberment policy, our lawyers for AD&D claims encourage you to consult further with us to determine whether we can assist you in recovering all or part of what rightly belongs to you or your family. Remember that to the insurance company, you are a number on a list, but for Share Lawyers, you are a surviving spouse or family member who deserves support. We are not personal injury lawyers, we specialize in accidental death and dismemberment insurance disputes.