DWI Voids Insurance Claim

A federal appeals court has ruled that a man’s drinking and driving voided his insurance policy. A West Virginia man was killed in a DWI automobile accident and his insurance company denied a life insurance claim being made by the widow.

The terms of the insurance policy stated that a claim is payable only if an accident or death is unexpected. The Richmond, Virginia court found that because the man was driving while intoxicated he knowingly created a risk.

The man’s BAC was 0.12, and the Dutch financial services group ING Groep NV used that fact to fight the insurance claim.

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