Does Accidental Death Accident Insurance Cover Drinking

First of all, drinking alcohol is intentionally outside of insurance.

Compensation or not, common situations are:

1.If it can be proved that the conditions of "accident" are met, and it does not fall under the "exclusion" listed in the insurance clause, the insurance company will pay for the death of alcohol.

2.If you buy comprehensive accident insurance that covers "sudden death.

Liability, then the insurance company for sudden death after drinking will also be compensated, and if there is no "sudden death liability" in the clause, the accident insurance will not pay.

3.If you have a traffic accident while driving under the influence of alcohol, you will generally not be compensated.

4.Driving a motorcycle after drinking is also considered driving, and mopeds.

It may involve the determination of whether it is a motor vehicle.

5.If it does not belong to the listed exclusions, there is a dispute about whether it is an accident, let the judge decide, the judge will make an unfavorable interpretation of the insurance company, but it will not necessarily award the insurance company to pay money, and other conditions must be considered.

Secondly, there are usually some exclusions in personal accident insurance, such as the insured is drunk or drunk driving.

The insurance company will not pay compensation for injury, death, disability, etc. caused by an accident. However, if the insured only drank alcohol, but the accident is not related to drinking, the insurance company can claim the claim when making a claim, and whether the actual claim can be made depends on the specific situation.

Third, on "sudden death", the World Health Organization.

WHO) defines sudden death as "sudden death of a person who is ordinarily healthy or appears to be healthy and dies suddenly due to a natural disease within an unexpectedly short period of time." ”

How long does it take from onset to death before it is considered sudden death? There is no accepted standard for quantifying the time, and the World Health Organization considers the time to be within 6 hours, but this is only a statement.

In insurance, sudden death is defined as the non-violent sudden death of an apparently healthy person within 24 hours (within 6 hours specified by some insurance companies) of the onset of symptoms due to an underlying disease, dysfunction or other cause. Sudden death is determined by the diagnosis of the hospital and the public security department.

The appraisal shall prevail.

Finally, the Insurance Act.

Accidents are defined as: extraneous, sudden and unintentional, non-self-inflicted factors. If it does not fall within the scope of liability for accidental injury, accident insurance generally does not pay.

According to Article 12 of the Measures for the Administration of Insurance Terms and Insurance Rates of Life Insurance Companies (revised in 2015), accident insurance refers to life insurance that requires the death or disability of the insured due to accidents or other accidents agreed in the insurance contract as the condition for the payment of insurance benefits. As a victim with full capacity for civil conduct, he should have recognized and foreseen the potential dangers and serious consequences of excessive drinking, failed to take effective measures or believed that he could avoid it, and he himself had the most direct and main causal relationship between excessive drinking and the consequences. Therefore, the insured itself has the element of gross negligence, and the insurance company can refuse to pay compensation.

Insurance Law of the People's Republic of China (Law).

Article 2 The term "insurance" as used in this Law refers to the commercial insurance behavior in which the insured pays insurance premiums to the insurer in accordance with the contract, and the insurer bears the responsibility to compensate for the property losses caused by the occurrence of an accident that may occur as agreed in the contract, or bears the responsibility to pay the insurance money when the insured dies, is disabled, is sick, or reaches the age and time limit agreed in the contract.

Article 14 After the insurance contract is established, the policyholder shall pay the insurance premium as agreed, and the insurer shall begin to bear the insurance liability according to the agreed time.

Measures for the Administration of Insurance Clauses and Insurance Rates of Life Insurance Companies (Regulations).

Article 12 Accident insurance refers to life insurance that takes the death or disability of the insured or the occurrence of other accidents agreed in the insurance contract as the condition for the payment of insurance benefits.

Death caused by alcohol consumption is generally not covered by insurance companies.

In critical illness insurance. Medical insurance, accident insurance.

In other types of insurance, death, disability, medical expenses, etc. caused by drinking alcohol are generally exempted from liability and no claims will be made.

When applying for insurance products, you also need to carefully read the details of the protection content, exemption scope, etc., do not blindly apply for insurance, and to a certain extent, you can also avoid triggering the exemption clause later, which will lead to the inability to obtain a claim. An insurance company is a company that sells insurance contracts and provides risk protection. It is an insurer that adopts the form of corporate organization and operates insurance business.

An insurance company is a financial institution established in accordance with the establishment of commercial insurance business.

Insurance companies can be classified as life insurance companies in this way, including life insurance, health insurance, and accident insurance.

and annuity insurance. Property and casualty insurance companies, including fire insurance, marine insurance, land and air insurance, liability insurance, guarantee insurance and other insurance approved by the competent authority.

It does not necessarily depend on the contract.

In critical illness insurance, medical insurance, accident insurance and other insurance, death, disability, **, etc. caused by drinking are generally exempted from liability and no claims will be made.

If it can be proved that the death caused by intoxication is an accident and is not covered by the exclusion of liability, the insurance company will have to pay the claim.

Summary. Hello, insurance for death caused by drinking, first of all, life insurance, death insurance for diseases caused by alcohol consumption is usually payable; Secondly, the accidental death caused by drinking depends on the specific situation and the exemption clause of the specific product, such as the death caused by falling into Hanoi after drinking, because there is no criminal liability involved, it is usually possible to obtain compensation; For example, in the case of death caused by drunk driving, the amount of alcohol consumed is also a condition for determining whether to pay: if it does not constitute drunk driving, it is not a crime, then some life insurance can be paid.

Hello, I am a partner Mr. Chen, I have received your question, and the reply will take about 3 5 minutes

Hello, the insurance for the death of the burning book caused by drinking, first of all, life insurance, death insurance for diseases caused by alcohol consumption is usually payable; Secondly, the accidental death of Hongzhi in the drinking guide depends on the specific situation and the exemption clause of the specific product, for example, the death caused by falling into Hanoi after drinking Duan Xuan wine, because there is no criminal liability involved, it is usually possible to obtain compensation; For example, in the case of death caused by drunk driving, the amount of alcohol consumed is also a condition for determining whether to pay: if it does not constitute drunk driving, it is not a crime, then some life insurance can be paid.

It is necessary to pay attention to accident insurance, the death of illness caused by drinking alcohol is not an accident, and the risk of quick intention is not to be compensated; Secondly, accidental death caused by alcohol, such as drunk driving, is also not claimable, let's take a look at the exclusion clause of accident insurance: the exclusion clause clearly indicates that the death of the insured during the period under the influence of alcohol and drunk driving cannot be claimed.

It is recommended that you contact the insurance company for compensation according to the specific situation of death caused by drinking, combined with the type of insurance.

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Legal Analysis: Accidental injury refers to an objective event in which the body is injured due to external, sudden, unintentional, and non-disease reasons. Therefore, if excessive drinking is not based on external, sudden and unintentional factors, and is not an accidental injury, the people's court will not support the insured's application to the insurance company to pay the insurance money on this basis.

Legal basis: According to Article 27 of the Insurance Law, if an insured or beneficiary falsely claims that an insured accident has occurred and requests compensation or payment of insurance money to the insurer, the insurer has the right to terminate the contract and not refund the insurance premium.

If the policyholder or the insured intentionally causes an insured accident, the insurer has the right to terminate the contract and shall not be liable for compensation or payment of insurance money; Except as provided for in Article 43 of this Law, insurance premiums shall not be refunded. If, after the occurrence of an insured event, the policyholder, the insured or the beneficiary fabricates a false cause of the accident or exaggerates the extent of the loss by means of forged or altered relevant certificates, materials or other evidence, the insurer shall not be liable for compensation or payment of insurance money for the part falsely stated. Where the policyholder, the insured, or the beneficiary commits any of the acts provided for in the preceding three paragraphs, causing the insurer to pay insurance money or expenses, it shall be refunded or compensated.

Gazette of the Supreme People's Court, No. 9, 2017, Gazette Case: Death from Excessive Drinking is Not an Accidental Injury, and Insurance Companies Can Refuse Compensation

Accident insurance is subject to the following conditions1In the definition of the four major factors, the factors must be reached before they can be understood as accidents, these four factors are external, sudden, unintentional, and non-disease, and these four factors are indispensable, otherwise they cannot be recognized as "accidents"2, and there is also its content of protection within the scope of protection, if the accident is within the scope of the disclaimer, then it cannot be compensated, and it must be within the scope of protection required to be able to get compensation. 3. There is a clearly stipulated reporting period for immediate reporting, and reporting the case after the reporting period is likely to affect the insurance company's assessment of the liability for safety accidents, and finally, there is a certain probability that the claim will not be obtained.

If the insured person has no other diseases, this is a non-disease and whether the death from drinking alcohol is an accident depends on the specific situation of the insured.

Question: I have high blood pressure, diabetes, is it an accident to die of drinking, I have high blood pressure, diabetes, is it an accident to die of drinking?

As a person with full civil capacity, the insured can completely control whether and how much alcohol is needed, so the drinking behavior itself does not meet the definition of accidental injury The external, sudden and unintentional factors do not belong to accidental injury.