Auto Insurance Claims: Accidental Death Claim Denied, accidental death benefit, state insurance laws

Question
My brother died in a single-vehicle accident. He was the only person involved. There were no witnesses but, the accident report says he was driving too fast and failed to make a curve. He had a suspended license and was driving my mom’s car without her knowledge. Mom’s insurance company denied the accidental death benefit because he “did not have a valid drivers license and was therefore using a motor vehicle without a good faith belief of the legal right to do so.” Is there anything she can do?

Answer
Kinny,

This is really a state law question.  Insurance companies are regulated by state and your state insurance laws will likely determine whether the insurance company can deny the claim based on the facts you provided.  I would look in your actual insurance policy and see if you can find the phrase they are referencing.

I would suggest retaining a local attorney who has an expertise in insurance law.  They should know or be able to find the answer relatively quickly.

Best of luck and I'm sorry for your loss.

-Ernest Ferraro