Drunk driving causes the deaths of thousands of Americans each year. The drunk driver is often among those killed. This raises the questions of whether the beneficiaries of insured killed as a result of his own drunk driving can claim the proceeds of an accidental death and dismemberment insurance policy. The answer to this question depends on whether the drunk driver’s death is considered an “accident” for the first-party insurance coverage purposes. State and federal courts have largely split on this question. In Graddy v. Hartford Life Insurance Co., the United States District Court for the Eastern District of Missouri, applying Missouri law, concluded that such a death is not an “accident.”

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.