The Presumption Against Suicide as the Standard for ERISA Accidental Death and Dismemberment Benefit Cases

Authors

Krista Zamurs, American University Washington College of Law

Document Type

Response or Comment

Publication Date

2024

Journal

American University Law Review Forum

Volume

73

Abstract

This Comment argues that the presumption against suicide should be applied in ERISA-controlled accident death and dismemberment (“AD&D) insurance policy cases where the decedent’s intent cannot be determined. The First Circuit, which articulated the current majority standard in Wickman v. Northwest National Insurance Co., requires the application of a two-prong subjectiveobjective test to determine if the decedent died accidentally or by suicide. The Eleventh Circuit requires the application of a presumption against suicide when the decedent’s intent is unclear, as articulated in Horton v. Reliance Standard Life Insurance Co. The Horton standard better aligns with the goals of ERISA, which include protecting the interests of AD&D plan beneficiaries.

Recommended Citation

Zamurs, Krista, "The Presumption Against Suicide as the Standard for ERISA Accidental Death and Dismemberment Benefit Cases" (2024). Celebrating WCL Student Authors. 56.
https://digitalcommons.wcl.american.edu/stusch_lawrev/56