What Is Double Indemnity?
Indemnity is a type of insurance contract whereby the insurance company agrees to compensate another party for losses or damages. A common type of indemnity policy is a life insurance policy. In exchange for premiums paid by the owner, the insurance company agrees to compensate a beneficiary when the insured dies.
Double indemnity is a clause in an insurance policy that states the insurance company will pay double the policy amount in cases of accidental death. Not all life insurance policies include double indemnity clauses. You must check the terms and conditions of the policy to determine if double indemnity applies.
Defining Accidental Death for Double Indemnity
The insured’s death must meet the criteria for an accident death for a double indemnity clause to apply. The criteria may differ depending on the insurance policy. However, common examples of accidental death include:
- Car accidents
- Boating accidents
- Slip and fall accidents
- Motorcycle accidents
- Injuries caused by defective products
- Medical malpractice
- Truck accidents
- Workplace accidents
- Bicycle and pedestrian accidents
- Dog bites and animal attacks
- Premises liability claims
Generally, the accident must have occurred because of an unforeseen event. Intentional acts or preexisting conditions may be excluded from the double indemnity clause. The insurance policy may also specify the types of injuries that qualify for double indemnity. Some insurance policies state a time limit from the injury date until the person dies for the beneficiary to be eligible for double the policy payment.
Insurance Companies May Deny Double Indemnity Claims in Alabama
A double indemnity clause can provide much-needed resources for a family after the death of a loved one. Unfortunately, the insurance company may deny the claim for one or more reasons. Common reasons insurance companies deny double indemnity payments include:
- Disputes about whether the insured’s death meets the definition of “accidental death” in the policy
- The insured died while under the influence of alcohol and/or drugs
- Allegations that the cause of death was an underlying pre existing condition
- The insured was killed because of an intentional tort
- The death was related to an extreme activity that is excluded from the policy
- The insured died during the commission of a crime
- Allegations of contributory fault by the insured or the insured intentionally caused their death
The insurance company is required to provide a written explanation for denying the claim. If the insurance company denies your claim, talk with a personal injury lawyer about your claim.
What Is a Wrongful Death in Alabama?
A wrongful death lawyer can help you prove that your loved one’s death was an accident caused by another party. Alabama law states that a wrongful death occurs when a party causes someone’s death because of their negligence, omission, or act. Wrongful death claims can arise from accidents or intentional acts.
The family may be entitled to compensation for losses under the state’s wrongful death laws. A wrongful death claim is separate from life insurance claims. Therefore, family members should talk with an attorney whenever their loved one is killed in an accident. An attorney can review the case for free and advise the family about their legal options for seeking compensation from the party who caused their family member’s death.
What Damages Can a Family Receive for a Wrongful Death Claim?
The personal representative for the estate files a wrongful death claim on behalf of the heirs. The proceeds of a wrongful death case are distributed according to the decedent’s will or state intestate succession.
The damages for a wrongful death claim differ from a personal injury claim. Instead of economic and non-economic damages, the Alabama Supreme Court has ruled that punitive damages are usually the only damages available for a wrongful death claim. The estate can also recover compensation for property damage that occurred because of the accident or incident.
Punitive damages “punish” the at-fault party for their actions that caused a person’s death. If the case goes to trial, jurors consider the nature of the party’s actions to determine how much to award the estate for the death of the deceased.
How Can a Wrongful Death Claim Help With a Double Indemnity Claim?
Your attorney gathers evidence proving that the other party caused your loved one’s death. That evidence may also be used to prove that the death meets the insurance policy’s definition of “accidental death.” It could also help prove that the death does not meet the criteria for being excluded from the double indemnity clause.
Learn More About Wrongful Death Claims in Alabama
Losing a loved one is devastating. If someone caused your loved one’s death, you could be entitled to compensation from that party in addition to life insurance proceeds. Call Belt, Bruner & Barnett Personal Injury Lawyers for a free consultation with our Huntsville wrongful death lawyers to discuss your options for pursuing justice for your family.
Contact the Alabama Wrongful Death Attorneys at Belt, Bruner & Barnett Personal Injury Lawyers.
Contact an experienced wrongful death lawyer at Belt, Bruner & Barnett Personal Injury Lawyers to schedule a free initial consultation today. We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas.
We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 206-5088
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Hunstville, AL, 35801
(256) 666-4660
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 513-2110