Death by autoerotic asphyxiation does not involve intentional self-harm
Let’s face it, no one likes to make a claim against a life insurance policy. Inevitably, claims are made at a time steeped with sadness and vulnerability. Unfortunately, life insurance companies know this. Consequently, they are infamous for denying initial claims for death benefits in hopes that the beneficiary – who is already feeling overwhelmed and defeated – will simply go away.
This is particularly true when the policyholder’s death comes in a manner that loved ones might find embarrassing. Perhaps the person died of a drug overdose or of injuries sustained in a DUI accident. Indeed, sometimes the deceased dies in the middle of a sexual act – as is the case with autoerotic asphyxiation. Read about ERISA beneficiary rules
Autoerotic asphyxiation is the act of restricting blood flow to the brain during sexual gratification. It is reported to heighten pleasure during orgasm. Although it can be practiced in a number of ways, it is often accomplished by placing a soft noose around one’s neck for the purpose of restricting – but not entirely cutting off – blood flow. In ideal situations, the person passes out from the oxygen restriction and, as they fall to the floor, the noose loosens, allowing regular blood flow to resume.
While autoerotic asphyxiation cannot be said to be a common practice, it is by no means rare. Nonetheless, when deaths happen during its performance, there is often unwanted media attention surrounding the fatality. Indeed, actor David Carradine and the former singer for the rock band INXS are both reported to have died in this manner. Despite the widespread media coverage of these events, studies show deaths occur in less than two percent of all autoerotic asphyxiations. It is said that an infinitesimal amount of those deaths are ever purposeful.
Of course, that doesn’t stop life insurance companies from denying death benefit claims. This article will explore one of the principle policy provisions insurers rely on these cases – the so-called “self-inflicted harm exclusion.” First, we’ll explore that exclusion and the types of scenarios it was intended to cover. Next, we’ll examine how insurance companies try to rely on the self-inflicted harm exclusion in cases of autoerotic asphyxiation – and why they are wrong in doing so.
The self-inflicted harm exclusion
Many life insurance policies – especially those with accidental death & dismemberment riders – contain a provision that says something like this:
This policy will not pay a life Insurance benefit if you die, while sane or insane, from an intentionally self-inflicted injury or any attempt at an intentionally self-inflicted injury.
In some cases, this provision is only in effect during the first two years of the policy. In other cases, the self-inflicted harm exclusion applies for the life of the policy. In either event, the provision is intended to relieve the insurer from paying a death benefit when the policyholder dies in the act of intentionally harming himself.
Note that this provision is often separate and apart from any suicide exclusion. The self-inflicted harm provision isn’t about suicide. It’s about taking acts meant to cause yourself harm that then result in your death. One example that might fall within this exclusion is where a person drinks poison with the intent of getting just sick enough to be able to skip work – but they accidentally drink too much and end up dying. The act (drinking poison) was intended to inflict self-harm (getting sick). The resultant death would very likely fit within this policy exclusion.
Why the exclusion does not apply in cases of autoerotic asphyxiation
Without fail, life insurance companies invoke the self-inflicted harm exclusion whenever an insured dies during autoerotic asphyxiation. They claim that the act (depriving one’s self of oxygen during sex) is intended to inflict self-harm (death).
There are two major flaws in the insurance company’s reliance on the self-inflicted harm exclusion, however. The intent behind autoerotic asphyxiation is sexual pleasure, not self-harm. Secondly, autoerotic asphyxiation does not necessarily result in harm or injuries aside from the accidental death.
This second point was critical in a case out of the 9th Circuit Court of Appeals. I that case, the policyholder died in the back of his van. He was found with one end of a necktie tied around his neck, and the other tied to a sliding door hinge located above his head. He was naked from the waist down and police found several sex toys surrounding him. The body did not show any appreciable injuries, even on or around the neck. After a thorough autopsy, the coroner ruled that the death was an accidental consequence of autoerotic asphyxiation.
Nonetheless, when the policyholder’s wife made a claim against his life insurance policy, the insurance company denied the claim. The insurer maintained, among other things, that the incident fell within the self-inflicted harm exclusion of the policy. While the trial court agreed, the 9th Circuit overruled the trial court on that point.
The 9th Circuit said that the case hinged on whether the consequence the policyholder intended was to inflict injury. They found that, in fact, injuries were not his intent. Instead, he intended to intensify his sexual experience by temporarily depriving his brain of oxygen. The court further noted that aside from the unintended consequence of death, the man’s body showed no physical signs of injury. Based on those facts, the Court ordered the life insurer to pay out the death benefit.
As you can tell from that case, life insurance claim denials often turn on intricate interpretations of policy language. You better believe the insurance company will always construe policy language in a manner that avoids coverage. That doesn’t mean they are right.
If you find yourself facing the denial of a life insurance claim, your best bet is to contact an attorney specializing in life insurance claim denials without delay. We do this work day in and day out and, in fact, have prevailed in cases just like the one described above. Call us today. We’re here to help.