‘Cause of a cause’ too remote to trigger life insurance exclusion

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is the name partner of DeBofsky Law Ltd. — on the web at debofsky.com. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage issues. He can be reached at mdebofsky@debofsky.com.

Posted October 31, 2023 11:15 AM

Proximate causation is a key issue in tort litigation, but it is also an important issue in accidental death insurance claims, as shown by a recent ruling from a federal court in Texas. In Lohse v. Unum Life Ins. Co. of Am., 2023 WL 6213440, 2023 U.S. Dist. LEXIS 170650 (E.D. Texas, Sept. 25), the court had to decide an issue of causation relating to the death of an insured who suffered from narcolepsy and who fell asleep while driving, resulting in fatal trauma when his car crashed. Although death due to natural causes is …

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