Proving intoxication caused injury more difficult than simple tests

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky & Associates P.C. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage, and Social Security law. He can be reached at mdebofsky@debofsky.com.

Posted August 22, 2016 1:25 PM

It is not uncommon to find provisions in disability and accidental death insurance policies that exclude coverage in situations where alcohol or drug ingestion causes the injury or death. It is not enough, though, to merely show the insured was intoxicated.According to cases such as Holloway v. J.C. Penney Life Insurance Co., 190 F.3d 838 (7th Cir. 1999), a “status intoxication” exclusion violates Illinois public policy. Instead, the exclusion is only applicable if the intoxication is proven by the insurer to …

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