Legal Question in Insurance Law in Michigan

denial of accidental death policies

My brother was killed several months ago when his motorcycle was struck by a semi truck. His passenger was also injured, airlifted, had several surgeries on her leg which was eventually amputated from the knee down. His bike insurance carrier is now going after the semi's insurance to cover the medical. The fault of the accident is still under investigation. Will we lose the money of an accidental death policy if it is determined he is 50% or more at fault? What if it is determined that he had alcohol in his system? Do we only lose the money if he is above the legal limit or can we lose it either way? If we are denied the money from these policies, and there are several totalling over $150,000, do we have any legal recourse? And what are the probabilities for fighting and winning against several large insurance carriers?

Please respond with any information you feel may be helpful!

Thank you for your help during this terrible ordeal.


Asked on 10/18/02, 7:44 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: denial of accidental death policies

I am unfamiliar with the laws of Michigan.Usually insurance issues are controlled by a reading of the policy. An accident policy usually will exclude coverage for alcohol related injuries. The amount of money involved indicates you certainly should retain an attorney to investigate.

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Answered on 10/19/02, 12:10 pm


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