is a shooting considered accidental death

by monica callines » Thu Dec 27, 2012 01:50 am

My brother had got in da shower gettin ready to head to wrk a lady dat was stayin with him shot and killed him she admitted to doin it

Total Comments: 3

Posted: Thu Dec 27, 2012 03:49 am Post Subject:

Is it accidental on your brothers part? Yes.

Posted: Thu Dec 27, 2012 10:36 am Post Subject:

Consequently, insurance companies will pay the accidental death benefits as well.

Though only if the lady was not the beneficiary.

Posted: Sat Feb 09, 2013 06:40 pm Post Subject:

Though only if the lady was not the beneficiary.


Not exactly true. Even if the person who committed the killing was the beneficiary, the death is still accidental and any accidental death benefit remains payable.

What is true is that a beneficiary cannot collect any insurance proceeds if he/she is criminally responsible for causing the death. That is known as a violation of public policy (and is in the laws of almost all states). So if the beneficiary were disqualified, the contingent beneficiary or the estate of the decedent would still receive the accidental death proceeds.

A person who accidentally discharges a weapon and kills another in many cases might not be charged with a crime at all. In such an instance, as the beneficiary of the deceased person's life insurance (or AD&D policy), the benefit is payable to him/her. The insurance company could still dispute the claim and force the matter to go to trial, because a civil judgment of "responsibility" for a person's death is as good as a criminal conviction. It would disqualify the beneficiary, but not relieve the insurance company of its obligation to pay the claim. That part is inescapable if the death is accidental.

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