AD&D result · March 16, 2026
$809,000 in AD&D Motorcycle Accident Involving Alcohol
Life Claim represented the widow of a man who died in a motorcycle crash. He had accidental death and dismemberment (AD&D) coverage through his employer's group plan, insured by The Hartford.
Toxicology showed a blood alcohol level above the legal limit, and The Hartford denied the claim under its intoxication exclusion. Insurers often treat a positive alcohol test as the end of the analysis.
It is not. We appealed and showed that under the California Insurance Code and the cases applying it, an exclusion bars payment only if the excluded cause was the predominant cause of the loss. A blood alcohol number alone does not prove that alcohol, rather than the road, the other traffic, or the ordinary risks of riding a motorcycle, caused the crash. We supported the appeal with a report from an expert who reviewed the crash evidence, and we explained why the insurer's reasoning did not meet the burden California places on it.
The Hartford granted our appeal less than a month later and paid the full benefit, more than $809,000.
Every case is different, and past results do not guarantee a similar outcome.



