Died from medical in air. Insurance denied as skydiving. Help?

[liquidair 0]

My brother-in-law, Bill Doherty, did 300 jumps a year for 30 years. On his last jump, he was filming a friend and died from heart attack or brain aneurism before he could pull his chute. He wasn't wearing the safety chute. A paramedic was on the ground when he landed and confirmed he was dead before he landed. The insurance company won't pay life insurance because he had exclusion for skydiving, which I believe only applies if death is "caused" by something skydiving related (chute tangles, etc.). Any advice on how to contest their denial? Help? Thanks.

[IanHarrop 37]

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He wasn't wearing the safety chute.

This doesn't make sense

"Where troubles melt like lemon drops, away above the chimney tops, that's where you'll find me" Dorothy

[councilman24 36]

I'm sorry your dealing with this. I'm neither a lawyer or a doctor. I am an EMT.

I doubt a paramedic on the ground could determine if he was truely dead before he hit. It was unclear from you message whether he landed under a parachute automatically opened or with no parachute.

You'll need a lawyer, you'll need autopsy results that show the damage not caused by impact, a medical expert to interpret the autopsy that believes he was dead before impact, and luck. You say heart attack or brain anurism. These are very different and may or may not have resulted in death in the air. Perhaps only incapacitation.

I can imagine the insurance company saying the skydiving caused his medical event and/or that he may have been dieing in the air but the impact killed him. Determining exactly when he died other than impact may be very very difficult.

It soulds like a tough fight. Go talk to a lawyer. Sorry if I've been blunt.

Blue skies to Bill.

I'm old for my age.
Terry Urban
D-8631
FAA DPRE

[Beachbum 0]

Doesn't matter what a paramedic said. Official COD has to be determined by a coroner, and the insurance company will have to abide by that ruling unless they want to supply experts to challenge the coroner's determination.

As long as you are happy with yourself ... who cares what the rest of the world thinks?

[TheCaptain 2]

One would assume the orignal poster knows next to nothing about skydiving specific thing such as equipment (as anyone that does not skydive would), other than his brother-in-law was a skydiver. I am sure he had a reserve parachute but prabably did not have an AAD, so when he past away in the air nothing was there for fire the reserve.
To the orignal poster I think it would be near impossible to prove that skydiving is not what killed him. Even if he had a mid air heart attack one could argue that the extra adrenaline released when skydiving may have cause the heart attack.
Good luck

Kirk
He's dead Jim

[tombuch 0]

I'm not a doctor or lawyer, however, it sounds like the insurance company may be entitled to the exclusion in this case. Check with a doctor regarding official cause of death, and a lawyer to determine if skydiving could be considered a proximate cause.

Skydiving adds significant stresses to the body, and those event-specific stresses may have been the cause of a heart attack (or you said possibly a brain aneurysm). Specifically, skydiving is a mentally and physically stressful activity, it often takes place in hot temperatures with restrictive and heavy clothing and equipment, and it involves exposure to a reduced oxygen environment. These are factors which can certainly lead to a heart attack.

I imagine that the opening shock of a parachute might cause a clot to fracture and break free, but that's pure conjecture on my part.

In any event, the death sounds like it occurred while skydiving, and there is a specific exclusion in his policy. I'll say again, check with a doctor and lawyer.

Tom Buchanan
Instructor Emeritus
Comm Pilot MSEL,G
Author: JUMP! Skydiving Made Fun and Easy

[AndyBoyd 0]

Get a good lawyer.

[Andy9o8 0]

From a lawyer who has handled lots of insurance-claim litigation, from both sides: Councilman24 (post #3) and TumBuch (post #6) are right on the money.

[Bolas 5]

Aren't most policies null and void from the time you leave the plane to the time you land?

[Beachbum 0]

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From a lawyer who has handled lots of insurance-claim litigation, from both sides: Councilman24 (post #3) and TumBuch (post #6) are right on the money.

So it can be done by any doctor, and doesn't require a coroner? Is that all of the US, or by state? I ask, because a situation a couple of years ago made me check into it, and I was told it had to be a coroner (Texas).

As long as you are happy with yourself ... who cares what the rest of the world thinks?

[doug925 0]

I hope not! I bought mine through Northwestern Mutual specifically covering skydiving.
That is why I pay 4X as much as anybody else my age who does not participate in risky hobbies.

I have never developed indigestion from eating my words.
Winston Churchill

[MarkM 0]

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Aren't most policies null and void from the time you leave the plane to the time you land?

No. There's an impaired risk questionnaire specifically for skydiving with a lot of carriers.

Ditto if you work in the aviation industry.

[ScottyE 0]

I'm covered under a group policy from my work, I asked for a copy of the policy and It didnt say anything about skydiving can I assume I am covered if something happens?

[catfishhunter 1]

I pay $2500 a year becasue I skydive it better damn well pay up if I burn in. Hell it will even pay up if I off myself.

MAKE EVERY DAY COUNT
Life is Short and we never know how long we are going to have. We must live life to the fullest EVERY DAY. Everything we do should have a greater purpose.

[Cornholio 0]

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I'm not a doctor or lawyer, (neither am I)

In any event, the death sounds like it occurred while skydiving, and there is a specific exclusion in his policy. I'll say again, check with a doctor and lawyer.

Ditto what Tom said. But I want to add one thing. Unless the insurance policy said "Death from skydiving caused by impacting the earth" then you have no case and an autopsy won't help you here. Skydiving death is a skydiving death whether it happened between getting on the plane and before he hit the ground, or the result of hitting the ground.

Butthead: Whoa! Burritos for breakfast!
Beavis: Yeah! Yeah! Cool!
bellyflier on the dz.com hybrid record jump

[pwln 0]

under the exclusions section of my insurance from work it says:

Travel or flight (including getting in or out, on or off) in any aircraft or device which can fly above the earth's surface, if: (a.) The arcraft is being used: (1.) for test or experimental purposes; or (2.)by or for any military authority. (Aircarft flown by the U.S. Military Airlift Command (MAC) or similar service of another country are not excluded); or (3.) for travel or is designed for travel beyond the earth's atmosphere; or (4.) by or for the named Policyholder or and of its subsidiaries and affiliates. (This exclusion applies whether the aircraft or device is owned, leased, operated, or controlled, as defined. Chartered aircraft, as defined, are not excluded); or (b) you are (1.) serving as pilot or crew member (or student taking a flying lesson) and are not riding as a passenger; or (2.) hang-gliding; or (3.) parachuting, except where you have to make a parachute jump for self-preservation.

Oh, and I can't die drunk or high.

[CSpenceFLY 1]

Everytime I deploy it is for self preservation.

[strop45 0]

FYI, my insurance says: "should disability occur on the life of Russell Wayne Stronach as a direct or indirect result of participation in and/or preparation for Skydiving, then no benefit will be payable"

So if I become disabled in a motor accident on the way to skydiving or at home while packing my rig then....bad luck...The good news is that I'm covered if I die :-)

The difference between stupidity and genius is that genius has its limits." -- Albert Einstein

[pwln 0]

I guess I should be happy then, I'm covered if I die on the way there or if I have a packing mishap. I'm not sure if anyone has died from packing but anything could happen. I still think my motorcycle is more likely to get me killed (way more stupid people on the road than in the airspace above the dropzone).

Maybe someone would take my rig off and drag me to the street? (I am kidding, of course)

[Lucky... 0]

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My brother-in-law, Bill Doherty, did 300 jumps a year for 30 years. On his last jump, he was filming a friend and died from heart attack or brain aneurism before he could pull his chute. He wasn't wearing the safety chute. A paramedic was on the ground when he landed and confirmed he was dead before he landed. The insurance company won't pay life insurance because he had exclusion for skydiving, which I believe only applies if death is "caused" by something skydiving related (chute tangles, etc.). Any advice on how to contest their denial? Help? Thanks.

Here's an angle, does it pay for suicide? I know most don't, but the COD could be trauma, the cause of that trauma was during, or should we say at the end of a skydive, but the intent is still up for grabs. For example, that idiot who jumped from the 182 in Jersey, that was a suicide from a skydiving acft, but it wasn't skydiving related, even if he had worn a parachute. Not making a personal assessment of the gentleman you're referring to, I just hate corporations trying to get out of paying. To be fair, if he had the exclusion, it made the policy cheaper and mitigated the risk, so they may be within their rights to avoid paying.

And of course the other angle that people have made reference to, I think the burden falls on the ins co to establish that the skydive added stress to induce the condition that was the medical COD, assuming they establish one. That's a tough one to prove on their part considering people handle stresses differently and the vast number of jumps / great currency he had certainly supports the contention that skydiving was a typical part of his life and that the physiological stresses would be no more than if he rode an amusement park ride, something that would be covered if he perished from stresses inducing his ultimate official COD.

If he had a heart attack or brain aneurism, he might have died even if he was watching TV, esp if he lived alone, so there are more questions than answers. There is a good chance of a partial settlement. A lot depends upon the state in which you live and their laws, statuted and case law. Typically, if you live in a blue state, you have a better chance of getting protections, red state better chance for the ins co, but that is a generalization.

Good luck and keep us posted.

Either way, update the COD. Don't be discouraged, ins cos are impersonal machines, just like any major corporation, so their immediate response will be to deny if they think they have any angle whatsoever.

[Lucky... 0]

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One would assume the orignal poster knows next to nothing about skydiving specific thing such as equipment (as anyone that does not skydive would), other than his brother-in-law was a skydiver. I am sure he had a reserve parachute but prabably did not have an AAD, so when he past away in the air nothing was there for fire the reserve.
To the orignal poster I think it would be near impossible to prove that skydiving is not what killed him. Even if he had a mid air heart attack one could argue that the extra adrenaline released when skydiving may have cause the heart attack.
Good luck

>>>>>>>>>>>To the orignal poster I think it would be near impossible to prove that skydiving is not what killed him. Even if he had a mid air heart attack one could argue that the extra adrenaline released when skydiving may have cause the heart attack.


How many heart attacks / aneurisms are fatal with immediate help?

How many heart attacks / aneurisms are fatal due to the victim being alone and no one there to help?

How do we know there was a big adrenaline rush with a guy with these jump numbers and currency? A student? Ok, big A rush, a 10k jumper, current; not so much.

Point I'm making is that it is just so unknown as to what impact the skydive had on his death. How many times do skydivers come down limp in their harness? How many times do safety checks of elderly result in finding a corpse in a chair with the TV on? If a guy has a double-mal, that's a skydiving-related death, if a guy has a heart attack and has no AAD, who knows if he would have lived even with an AAD or if he were driving down the road, sitting at home, etc? More questions than answers and a jury might be prone to agree with some of these rhetorical questions, esp in this environment where the financers are so hated.

Legal issues are rarely easy and usually raise more questions than they answer.

[Lucky... 0]

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I'm not a doctor or lawyer, (neither am I)

In any event, the death sounds like it occurred while skydiving, and there is a specific exclusion in his policy. I'll say again, check with a doctor and lawyer.

Ditto what Tom said. But I want to add one thing. Unless the insurance policy said "Death from skydiving caused by impacting the earth" then you have no case and an autopsy won't help you here. Skydiving death is a skydiving death whether it happened between getting on the plane and before he hit the ground, or the result of hitting the ground.

Based upon what standard? If a person has a heart attack while driving a car and then runs off a cliff and dies, what was the cause of death? Would teh person have died even if near a hospital and care was immediately administered? The law covers some of these issues, often buried deep in teh archives of case law, sometimes statutory, not usually tho, but remember, this case will likely go before a jury if it can't be settled, so how will they feel about the issues? What will the jury instructions be? The burdon is the plaintiff's, but as soon as they make their case, if they can, then it shifts to the defense; what will their affirmative defense be? I think a lot of this issue will be settled in the wording of the insurance policy. If it states that if a death occurrs anywhere near or losley associated with skydiving, then that tends to help the insurance co. If the wording is more like a death resulting from skydiving, that language is more narrow and would help the insured/estate. A lot will rest upon the finding of death and if possible, the probability that the outcome would be different if the deceased was rushed to the hospital immediately upon noticing the condition. If the experts say he was doomed regardless, the fact that he was buzzing to earth at 120MPH is moot.

The law is interesting, this is why OJ gets acquitted, and many other odd events occur; the law can't be nailed down.

[kawisixer01 0]

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He wasn't wearing the safety chute.

This doesn't make sense

The poster is referring to an AAD....Bill never had one in his rig. If you look back through the incidents forum this incidedent was discussed. I jumped with Bill since I started a few years ago and he even video'd my first tandem. I'm very sorry for your loss. He was great guy. I can't believe that crappy insurance company is giving you guys the run around. Care to name the insurance co? I'd file an appeal immedietely with them and talk to an attorney. I would doubt they will back down but I agree with you. He passed from a medical condition not from the jump itself. As for the argument that the jump caused a heightened heart rate that could have triggered a heart attack...thats bullcrap. One could argue that situation could arise from anything that would raise the heart rate; from working out to getting scared by your buddy, and they would have to cover a death in those situations.

[lawrocket 3]

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From a lawyer who has handled lots of insurance-claim litigation, from both sides: Councilman24 (post #3) and TumBuch (post #6) are right on the money.

Indeed. I got an endorsement on my policy that I skydived. But if something happened while I was skydiving imy family could likely say goodbye to everything except maybe a return of the premiums.

Which is the #1 reason (reason #2 isn't even a close 2nd) why I haven't jumped in over 5 years.

Given my job, I know that things can be excluded or denied. Assuming my beneficiaries win in court, I won't put them through those years of hell. I love them too much for that.

My wife is hotter than your wife.

[Andy9o8 0]

One more note, which is pretty crucial, although I'm going to say it diplomatically: the most reliable medical opinion comes from a doctor, and the most reliable legal opinion comes from a lawyer. (A couple of the posts in this thread compel me to say this.)