Life Insurance Claims
Following the tragic death of a family member, it may be unclear whether the death was accidental or resulted from suicide. Life insurance policies typically exclude coverage under the "suicide exclusion" if the insured, "while sane or insane," dies by suicide within two years of the issuance of the policy.
A death by self-inflicted gunshot may appear to be suicide. Such a death may in fact be an accidental side effect of an antidepressant, or SSRI, such as Zoloft, Paxil, or Prozac. Such side effects can trigger akathisia, a severe form of drug-induced agitation that has long been linked to suicide and violence.
A life insurance company's denial of a claim based on the "suicide exclusion" may be subject to challenge. Under Oregon law, the life insurance company has the burden of proof to establish the application of the "suicide exclusion." Also under Oregon law, there is a presumption against suicide. Historically, many Oregon cases involving alleged suicides have proceeded to a jury trial, and have resulted in jury verdicts for the insured. Expert testimony may include a suicidologist or psychiatrist.
“My brother and I are in our mid to late 20’s. Our father had been divorced from our mother for a number of years, and had intended to list us as beneficiaries on his life insurance policy. However, at the time of his rapid decline and death from pancreatic cancer, his insurance policy listed only his girlfriend at the time. We are very grateful to Bob who agreed to pursue our case on a contingent fee, and recovered enough money to allow me to set up a college fund for my young children.”