• Lawyer Overview of Lincoln Financial Disability Denials, Appeals, Applications & LawsuitsLawyer Overview of Lincoln Financial Disability Denials, Appeals, Applications & Lawsuits
  • Help for claimants with a Lincoln Financial or Liberty Mutual Appeal for Disability Insurance DenialHelp for claimants with a Lincoln Financial or Liberty Mutual Appeal for Disability Insurance Denial
  • Lincoln Financial Group Disability Insurance  Claim TrendsLincoln Financial Group Disability Insurance Claim Trends
  • LTD Claim Approved By Lincoln For Former Bioment, Inc  Employee Suffering From Meniere's DiseaseLTD Claim Approved By Lincoln For Former Bioment, Inc Employee Suffering From Meniere's Disease
  • Lincoln Financial Group and Jefferson Pilot Corporation Disability ClaimsLincoln Financial Group and Jefferson Pilot Corporation Disability Claims
  • ERISA Disability Appeal - 5 Reasons You Should Have A Disability AttorneyERISA Disability Appeal - 5 Reasons You Should Have A Disability Attorney
  • Lincoln Financial Disability Appeal Tips and Claim Help for a Disability Benefit DenialLincoln Financial Disability Appeal Tips and Claim Help for a Disability Benefit Denial

Lincoln National denies accidental death benefits after jet ski accident and Court agrees

Purchasing an insurance policy that pays benefits for an accidental death and dismemberment would seem like a wise decision since people suffer dismemberment and die from accidents every day. Collecting benefits on an accidental death and dismemberment policy should be simple right? Well, not so fast. In Keane v. The Lincoln National Life Insurance Company, a recent decision out of the Western District of Michigan, the Court ruled that Mrs. Keane was not entitled to benefits after her husband’s death which resulted from a jet skiing accident. Seems to be a pretty unfair decision, however, this is why it is extremely important to read and understand the policy language and its exclusions prior to purchasing an AD&D policy or any type of insurance policy. In the instant case, Mr. Keane did not purchase his policy, but was provided the ERISA governed AD&D policy by his employer.

The Lincoln National Life Insurance AD&D Policy Has Disturbing Language

On September 12, 2009, Mr. and Mrs. Keane were riding a jet ski on a lake in Michigan when Mr. Keane accidentally fell off the jet ski. When he tried to climb back on, he became fatigued and fell back in the water. His wife was not able to save him and he died. The death certificate listed the causes of death as follows: Acute Myocardial Infarction; Near Laryngospastic Dry Drowning; and Methadone Toxicity. Mrs. Keane filed a claim with Lincoln National Life Insurance for benefits she felt she was owed under a policy her husband was provided by his employer covering them for accidental death or dismemberment. Lincoln denied her claim for benefits. Lincoln admitted that Mr. Keane fell into the water by accident, but based the denial on the exclusion in the policy stating that “Benefits are not payable for any loss to which a contributing cause is: disease, bodily or mental infirmity, or medical or surgical treatment of these.” According to Lincoln, Mr. Keane did not die from a jet ski accident, but from cardiac arrhythmia caused by physical exertion in combination with the methadone in his system. The methadone was prescribed by a physician due to chronic pain Mr. Keane had been experiencing for several years. The Plaintiff argued that Lincoln was incorrect, that her husband’s death was as a result of a jet ski accident. The court agreed that yes, he died as a result from an accidental fall from the watercraft. However, the court determined that the exclusionary language for “disease, bodily or mental infirmity, or medical or surgical treatment of these” as a contributory cause precludes coverage in this case. Since Mr. Keane’s pre-existing condition contributed to his death (the cardiac arrest and poor cardiac health), the Court ruled that his wife was not entitled to benefits under the policy.

Can Anyone Collect Under An AD&D Policy?

This decision was unfortunate for the Plaintiff and makes a person wonder whether anyone with any pre-existing medical condition could collect benefits under the Lincoln National Life Insurance Accidental Death Policy. This claim was also exceptionally difficult for the plaintiff since it appears to have been governed by ERISA. It is a sad case and even more sad insurance companies are permitted to sell these policies with exclusionary provisions.

DISABILITY INSURANCE COMPANY INFORMATION
Videos, Questions, Resolved Cases, Lawsuit Summaries & Company Reviews

disability insurance companies complaints

Leave a comment or ask us a question

FAQ

Do you help Lincoln Financial claimants nationwide?

We represent Lincoln Financial clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Lincoln Financial disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Lincoln Financial. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Lincoln Financial.

How do you help Lincoln Financial claimants?

Our lawyers help individuals that have either purchased a Lincoln Financial long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Lincoln Financial:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Tony G.

I was confronted with the daunting task of fighting an uphill appeal battle with MetLife, after being disabled since 2004. Metlife decided to discontinue my payments and the ERISA rules were not in my favor.

After researching to find a competent law firm, I decided to engage Dell & Schaefer; the pressure of trying to personally deal with insurance company was relieved. The attorney, Alex Palamara, was very professional and insured I was kept updated every step of the process. In the end, the case was settled out of court and I am satisfied.

Read 424 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us