Legal Question in Insurance Law in Idaho
Changes of a Death Certificate
My father passed away on 6/20/96 of Septic Shock. He had a life insurance policy claiming me as benificiary. I have not submitted all the required information, because of all the stipulations in their clause. My father was an alcholic. The language of Policy is defined as accidental/casualty, Their exemptions are:Sickness or disease, or acholic Intoxication. The autopsy report stated that the final diagnosis was: 1. History of alcohol abuse 2. Lung abscesses. The death certificate states: manner of death "natural". the Physisians data indicates other."It was felt that the only hope to prevent further decompensation would be surgical intervention. A unknown partical was found in the left lung , also marked by extenxisve adhesions, a 1.5 cm abscess cavity surrounded the left upper lobe". My question to you all is: On a death certificate what are the laws defining Accidental death, Natural, and Could not be determined? Can a death certificate be changed if the Physicians Operation findings are different then that of the pathologists. Will the Life insurance claim be denied, if I submit the claim now? My Father was not Intoxicated upon admission to the hospital. Nor has he ever been diagnoised with Alcholism. (I knew he was. I lived with it.)
1 Answer from Attorneys
Administrative matter, state law
The question of the death certificate probably is governed by the regulation of the agency that prepares them.Without reseaching the matter, that diference in diagnosis can be a foot hold.Sure you can file the claim, and should find out if under your state law there is a time limit to file.Remember insurance are adhesion contracts, that means that the buyer of the insurance had no power to negociate and therefore the terms of the contract will be interpreted in his favor.Please, consult an attorney b/4 doing anything.
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