Autoerotic Asphyxiation
In April of this year, a federal judge sided with Securian Life Insurance Co. that a $600,000 accidental death benefit would not be owed to a Boston widow whose husband passed away as a result of autoerotic asphyxiation (AEA). This case highlights how insurance companies frequently deny accidental death claims when a victim’s passing resulted from AEA. Learn about an accidental death & dismemberment claim here.
When someone dies by this type of activity, rarely is there an in-depth investigation performed. The majority of insurers justify policy denials in these circumstances by concluding death was a case of suicide or self-harm resulting from autoerotic asphyxiation. Very little, if any, investigation occurs when a person dies in this manner. Instead, the insurance companies typically conclude the death as an act of self-harm or suicide. We can resolve your denied life insurance claim or delayed insurance claim.
What is Autoerotique Asphyxiation?
Autoerotic asphyxiation typically involves the choking of an individual manually or controlling airflow with a specially-designed device. There are numerous ways to accomplish the desired oxygen depletion desired, including:
- Chest compression
- Self-strangulation
- Plastic face coverings
- Chemicals like gas or solvents
Applying pressure to the major veins responsible for supplying blood to the brain is the most common form of AEA. This process still requires one person to be physically in control of the person's air supply. While practitioners of this behavior feel this specific method is the safest since at least one person is remaining conscious during the event, accidents can still happen and result in tragedy, like the participating partner's death.
Individuals and couples enjoy these types of risky interactions because the asphyxial state is highly stimulating to the brain and intensifies sexual pleasure through purposely induced states of hypercapnia and hypoxia. When you have more carbon dioxide in the blood and less oxygen, your nerve centers become heightened.
The risk of death by autoerotic asphyxiation is high. One can die because of malfunctioning equipment they are using, incorrect use of a ligature tool like a noose, and other human errors when participating. World data on this fatality type has shown that AEA only one or two deaths per million are ever reported accurately annually. These statistics demonstrate how difficult it is to recognize that AEA deaths are accidents and not suicides.
The issue of recognizing autoerotic asphyxiation as accidental for a life insurance benefit claim is difficult and complicated. Despite the recent ruling in Boston, courts around the United States do not have a consensus on cases involving risky behaviors like this. While family members have little doubt that their lost loved one had no intention of purposely dying, they do not know how to defend this reality to insurance carriers who point out that this activity has inherent risks and dangers. These corporations will insist that intentionally cutting off one’s air supply for sexual gratification is no accident and deny accidental death claims outright.
Why Autoerotique Asphyxiations Death Claims Get Denied
The purpose of purchasing Accidental Death policy is in hopes that if one dies by accidental means, then the paid benefit would take care of the family left behind. Unfortunately, the insurance carriers have made the words “accidental means” a debatable industry and legal issue.
Insurers prefer to define this phrase as narrowly as possible to preclude claims involving death by self-harm, sickness, or substance abuse. Autoerotique asphyxiation complicates this interpretation by AD&D insurance providers.
The process of achieving AEA by purposely cutting off blood supply to the brain leaves insurance companies a wide-ranging list of denial excuses that are difficult to navigate without an experienced attorney. Law enforcement and medical examination may perceive the death of a loved one by this activity as a suicide and not go into a detailed investigation of the circumstances to better understand this was not the case.
Evidence at the scene of death, such as bondage or sex equipment, explicit materials, erotic media, or revelation of their online history showing interest in these practices, could dispel the misconception around death by autoerotic asphyxiation. These factors are why it is vital to ensure a thorough investigation of the deceased, including a mental health background check to demonstrate there were no issues with depression or other disability that could lead to suicide.
Families who must face these investigative issues due to a family member passing while practicing AEA may feel intimidated, ashamed, or hopeless in their attempts to collect the rightfully due life insurance benefits. Insurers consistently deny claims related to AEA, and they do this by claiming the activities leading up to death were suicidal. These companies will also insist that there is no way pleasure was a motive, but instead, self-harm led to the victim's untimely passing. AD&D policy providers count on the embarrassment and shame the surviving family may experience about their loved one's cause of death to prevent any challenges to claim denials.
Another issue with AEA-related death claims is that policy language is not consistent because of the plan type the victim had owned and the circumstances. There is not a definitive law or guideline that autoerotique asphyxiation qualifies for accidental death benefits nor that such activity should receive some form of additional coverage options. This situation creates a system ill-equipped to apply appropriate coverage for deaths of this nature.
Individuals currently fighting for the due benefits of a life insurance policy after losing someone to accidental death by autoerotique asphyxiation need to work with an experienced and compassionate attorney in this law's sensitive area. Legal counsel must understand how the insurer is attempting to manipulate the circumstances of the claim and put a stop to underhanded tactics like shaming, misconstruing facts, and not properly investigating the evidence.
Legal Interpretations of AEA and AD&D Policy
Accidental death and dismemberment coverage do not recognize autoerotique asphyxiation as accidental but self-inflicted, or at the least, categorize it as non-accidental in nature. When examining the legal interpretation of these policies and AEA fatalities, the laws are complex and inconsistent from state to state. Federal law does manage to have a working definition of AEA and typically finds that this activity results in an injury and does not qualify under self-harm or suicide. Federal courts usually agree that autoerotic asphyxiation is a pattern of behavior, repeated for years, which demonstrates this is not an act intended to result in death, thus making it a form of injury. The recent finding in favor of Secure Life Insurance, Co. has possibly changed this approach, but only time will tell for sure.
Claims that end up in litigation face several hurdles to successfully win their AD&D case. The first is whether the activities performed that resulted in death is injurious or not. The circumstances that led to an individual dying from AEA could involve an inability to control the effects of oxygen deprivation after a certain point or that a technique led to an unpredictable adverse reaction. Beneficiaries need a skillful attorney that can convince the court that the motive for participating in this risky activity was for experiencing a temporary pleasure that should not have led to permanent harm. This fact qualifies the accidental means of death as an injury.
An emphasis on the act and its side-effects of decreased oxygen to become high for sexual pleasure is critical to any case involving AEA. These facts may still not be enough to convince a state court that they are acts of enjoyment and not self-inflicted harm, and one's case could still receive a denial. Ultimately, the law governing your case or life insurance policy will greatly influence the outcome.
It is vital to not lose hope if you are the remaining family of a loved one who passed under these sensitive circumstances, like autoerotique asphyxiation. As more information and understanding develops about this sexual behavior, applicable laws will evolve. Most importantly, protect your rights regarding your accidental death and dismemberment policy by consulting with an experienced insurance attorney.