Legal Question in Insurance Law in Missouri

Personal Injury/ Aflac eligible

I broke my Ankle.

Aflac Accident Policy states not covered while intoxicated defiened by the law of the Jusisdiction in which the accident occured.

In Er report it says ETOH on breath. Google search says ''either trashed or Hammered''

I am worried that Aflac will deny my claim because of this. I had some drinks over a period of time but was neither trashed or hammered.

Thinking I had a sprained ankle I waited for a while to go to ER, thinking it was only a real bad sprain. I had a few more beers during this time.

I never drove or broke the law in the Jusisticition when/where this happened.


Asked on 1/27/09, 4:40 pm

1 Answer from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: Personal Injury/ Aflac eligible

ETOH is the chemical abbreviation for alcohol- just like CO2 is Carbon Dioxide. Alcohol on breath does not mean intoxicated. Unless a blood test was done, I doubt AFLAC can prove you were intoxicated and deny coverage. They have the burden of proof, and they have to prove you were drunk when injured, not when you got to the hospital.

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Answered on 1/27/09, 4:48 pm


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