Honolulu, HI asked in Consumer Law and Insurance Bad Faith for Hawaii

Q: Is the death due to "complications of blunt force injuries of the head" considered to be an accidental death?

I am the beneficiary of a Guaranteed Life Insurance from Gerber Life that started June 2019. The insured passed away on March 27, 2020. I filed a death claim with Gerber Life but there was a delay in obtaining his death certificate due to the pandemic. I finally was able to send in the required documents on September 21, 2021. The death certificate states the cause of death is "Complications of blunt force injuries of the head." On December 2, 2021, I received a check in the mail for the premiums paid plus approximately 5% additional. The Gerber Life’s Guaranteed Life policy, states "If death occurs within the first two policy years for any reason other than an accident, all premiums plus 10% interest will be paid to the beneficiary. If death is due to accidental causes within the first two policy years, the full death benefit will be paid to the beneficiary."

1 Lawyer Answer
Mark Simonds
Mark Simonds
  • Consumer Law Lawyer
  • Haiku, HI
  • Licensed in Hawaii

A: Aloha, blunt force trauma is exactly that - an injury caused by blunt force, whether applied intentionally by another person, or due to accidental circumstances. It is more a medical term than a legal term. It just describes the type of causation, not the state of mind of the individual inflicting that injury, if there is one. In other words, it is also possible for blunt force trauma to be caused by a falling tree branch, for example.

I hope this answers your question, feel free to contact me should you have further questions.

Sorry for your loss.

Tim Akpinar agrees with this answer

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