Learn About Life Insurance Policy and Suicide
Depending on when the life insurance policy was purchased, life insurance may still pay out the death benefit after a suicide. As a rule of thumb, if a life insurance policy is purchased within two years before the suicide, the death benefit may not be paid. We'll cover everything you need to know to help you understand if a life insurance company will still pay the death benefit when the cause of death is suicide.
It is estimated that 250,000 people per year in the United States become suicide survivors, one of the most painful situations to deal with. Losing someone you love, and all the questions that come with that loss are extremely difficult to face. Having to deal with a denied insurance claim in the face of such a tragedy is an added devastation that one would hope not to deal with.
How Life Insurance Policies Work for a Suicide Death Claim
The insurance company may or may not pay the beneficiary of a life insurance policy in the event of a suicide depending on the circumstances, the primary factor being the existence of two clauses found in a life insurance policy: The Suicide Provision and the Incontestability Clause.
Payment to Beneficiaries of a Life Insurance Policy if Death is Due to Suicide
Suicide may be covered by life insurance in many cases, however the clauses in a life insurance policy are meant to stop people from only buying a policy because they want to leave money to their family after a suicide.
To avoid people using this as a strategy to leave money from the life insurance to their beneficiary after a planned death, there are some basic rules in place.
Suicide and Life Insurance
Suicide is shocking and often unforeseen by the people left behind. It is a devastating tragedy. Naturally, it would only be fair that family members left behind by an act of suicide should be able to benefit from the life insurance policy, however in order to do so, certain conditions must be met to allow a payout from the contract.
Unfortunately, in the first two years of any life insurance policy, there is a clause known as the Incontestable Clause, as a result of this clause, the insurance company may contest and deny a claim for several reasons, one of them being suicide.
The Contestable Period in Life Insurance and How It Affects a Suicide Claim
The incontestable clause in a life insurance policy is a key reason that a claim would be denied by a life insurance company in the first two years of a policy being in force. According to the National Association of Insurance Commissioners (NAIC), this may include following a death by suicide. The incontestable clause allows the life insurance company to deny a claim during the contestability period. The contestable period outlined in the clause is usually for a term of two years following the initial date the insurance policy coverage first started.
Once the term of the incontestable clause has passed, then a life insurance claim becomes "incontestable" with the exception of very serious issues like fraud or misrepresentation. You should contact your life insurance representative to find out the exact details of your policy and the term of the clause in your specific situation.
When Life Insurance Companies Can Deny a Claim If Death Is Due to Suicide
If the policy has been in force less than two years during the contestable period of the life insurance policy, then an insurance company may investigate the claim and then deny a claim for life insurance if suicide is the cause of death according to the NAIC. In addition to the incontestable clause, a life insurance policy may also have a Suicide Provision or Clause.
The suicide provision addresses the terms and conditions of payouts, or exclusions due to suicide specifically.
It often also comes with a two-year time frame for the exclusion of payout due to suicide. If your policy contains the suicide clause, then a claim may be denied per the conditions of the clause which usually states that no death benefit will be paid if the insured commits suicide or if suicide is the cause of death.
At the time you purchase a life insurance policy, your insurance representative has an obligation to explain all of these clauses and policy conditions to you, as well as other exclusions in your life insurance policy as part of the purchasing process.
Suicide Provision and the Incontestability Clause
No, the suicide clause and the incontestability clause are not the same thing. The incontestability clause is broader and deals with the insurers ability to contest or deny a life insurance claim during the contestability period. Other reasons besides suicide also are addressed, such as death during an illegal act, or misrepresentation of information, as well as the potential for a "drug abuse and alcohol" clause. It is very important to get the exact specifics of the life insurance policy purchased when signing a life insurance contract so that you don't end up with surprises, or have a claim denied.
When a Life Insurance Policy Pays Out on a Suicide
After the suicide provision period, or the contestable period is over, which is usually two years from the date of purchase of a new policy, then a life insurance policy may pay a claim for suicide. The policy should pay the death benefit to the beneficiaries. To understand your policy terms, you can also check the policy's exclusions section, since the suicide provision can be different for each policy.
When a Life Insurance Policy Will Pay a Claim When Cause of Death is Suicide
If there is no exclusion or clause in effect at the time of death that excludes suicide. John and Mary purchased a 10-year term life insurance policy when they got married, they paid their premiums and kept the same policy in force.
Five years later, Mary was diagnosed with depression, although she was in treatment and had been doing well, one day, much to the family's shock, they discovered she had committed suicide. John was devastated, family members helped him get all Mary's affairs in order and discovered their life insurance policy.
Although the money did not help with his devastating loss, the family was surprised and reassured when they found out that the insurance company would pay the claim, even though cause of death was due to suicide, because the suicide provision no longer applied.
Example of an Insurance Company Denying a Claim Due to Suicide
Jeff had kept a life insurance policy for the past 20 years, when it came time to renew his policy, he decided that since it had been 20 years, the same life insurance company may now offer a better policy, so he did some investigation and switched to another kind of policy from the same life insurance company. A year later, he committed suicide, he didn't realize that because he had switched life insurance policy the contestable period had reset, and the suicide provision now applied. His family was denied the claim.
Example of an Insurance Company Labeling a Death Suicide and Denying a Claim
This is a real-life example of a situation where an insurance company assessed a death as suicide but then it was later determined that the cause of death was accidental. Todd Pierce had been diagnosed with skin cancer in 1999. Ten years later, Todd was on a road trip and he was involved in a fatal car accident. The insurance company labeled the accident as suicide and wanted to deny the claim.
Todd's wife Jane could not believe that they were calling his death a suicide. She decided to obtain the help of a lawyer, and as a result, the insurance company ended up setting with her, and not going to court. Most people do not have access to a lawyer at a reasonable cost, in addition to the devastating circumstances of a suicide, they often give up and do not necessarily try and fight the denial of a life insurance claim due to suicide.
In this case, Mrs. Pierce was brave and fought for her settlement. This is a rare exception, most life insurance claims are paid without problem, however this is a good example of a situation where a claim may have been denied due to policy wordings, clauses and exclusions. Thankfully the beneficiary was able to get legal counsel.
Worried About Life Insurance and Suicide
If you or someone you know is suffering from depression, or mental illness, or just having a hard time, the most important thing you can do is get help for yourself and them so that you never have to worry about your life insurance policy and if it will pay out in the event of a suicide.
If you are a suicide survivor, you are among a quarter of a million people in the U.S, don't be afraid to reach out to numerous organizations. I hope this article has helped clarify the impact of suicide in life insurance policy payments, but more so I encourage you to reach out and get help through whatever side of this issue you are on. We are all touched by suicide, depression and mental illness and by reaching out and working together, there may be help.