Minnesota Life Insurance Company is horrible. They sold my deceased long term partner a policy without my knowledge to cover the mortgage knowing his medical history, then refusing to pay the claim after he passed away. Just a heads up. #minnesottalifeinsurance#SecurianFinancialGroup
Minnesota Life Insurance Company
Re: Accidental Death Claim
On behalf of the Estate of Doug ______ I wish to contest and appeal your denial letter of December 11, 2014. Please advise if I need to secure an attorney to do so, or whether you will undertake a serious reconsideration of this matter at this time without litigation.
The language of any insurance policy should be taken and understood in a plain, ordinary and popular sense. Here, Doug bought an accidental death policy as “mortgage insurance” on the house.
Now that he has passed away due to an accidental death, your carrier apparently does not wish to honor its obligations.
As far as I can see, an accidental death is one the results from an unusual event, unanticipated by everyone involved. Doug’s death fits those criteria. He was not engaging in any hazardous or criminal activity which one might expect to have unfortunate results. There was no act of war or any bizarre happening which fits into the exclusions listed in the policy.
Minnesota Life seems to be relying on the overly-broad statement that the benefits will not be paid where death results “directly or indirectly” from any “bodily…infirmity, illness or disease.” If a man has a heart attack when he is hit by a car, because he had a weak heart, would you deny benefits? If he totters on the street due to old age or infirmity, and gets hit by the car, is that denied also? What if a walker slips, and the individual falls and cracks his head? Are these deaths not accidental?
Every death, “directly or indirectly” occurs due to a bodily infirmity of sorts. When the heart stops, it is a cardiac event; here, Doug passed due to a respiratory arrest, but the arrest did not “just happen” – it was caused because of vomiting into his CPAP mask – a totally accidental, unforeseen occurrence. Your denial letter references that Doug did not remove the mask and makes the assumption that the mask could not be removed because he was already in some altered state of consciousness. I submit that he could not do so, due to the ordinary occurrence of sleep, and the shocking nature of the event.
Per Merriam-Webster.com, an accidental death is “sudden and violent” and occurs as the result of something unforeseen, a “chance result of an intended act.” Here, the happening of Doug’s demise certainly was both unforeseen, and the chance result of the simple act of trying to sleep better. This was certainly an unexpected and unplanned event. No one was directly “at fault,” unless perhaps the CPAP mask manufacturers should be able to create some sort of mask which anticipates this occurrence, or a physician who should warn of it, but in any event, Doug was not aware that he was engaging in an untoward act.
Does the mere use of any medically-assistive device automatically render the policy void? If so, then perhaps the carrier should never issue a policy to any already-disabled individual. The company should follow better underwriting perhaps to achieve its own goals then, but in this case, there was no problem convincing Doug to purchase the policy and then accepting Doug’s premiums. Now that he has passed, and the death certificate lists the manner of death as “accidental,” it is requested that, per the ordinary man’s understanding of the term and policy, the carrier re-consider its position and issue a check in full payment of the limits.
Doug certainly suffered from Parkinson’s disease, with falls and the need for medications – but the inclusion of all of your mentions concerning his ailments is disheartening, as they were clearly unrelated to the happening of his passing. As of his last doctor’s visit, he had shown some improvement, and to speculate that his death occurred simply due to a myocardial infarction is specious and frankly hurtful to his memory. The manner of death was set forth on the death certificate as accidental, and so it must be construed.
Thank you for your reconsideration of this claim.
North Carolina Department of Insurance
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NC Department of Insurance
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Minnesota Department of Commerce
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AAPD - The American Association of People with Disabilities
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