Question
I have a three-part question: 1.What is the legal definition of Accidental Death and Dismemberment in California? 2. If the cause of death on a death certificate is amended by the court from suicide to "inconclusive", could that be cause for the policy to pay? 3.The death occurred in July of 1999, and the policy stated that all claims must be place within 60 days of the death. If an "event", such as the death certificate being amended, occurred, would this be claimable? Note: The immediate cause of death was a gunshot wound to the head. Another person was present at the time. A criminal investigation took place until approx 11/00, which was unable to continue as a criminal case due to the "scene" evidence being contaminated. Criminally, this is a "dead" issue, unless new information/evidence pops up. A wrongful death case was filed and dropped in 1/01. The deceased is my husband. What are my options?
Answer
This is not so much a matter of definition but evidence and roof.
Trying to do this on your own is impossible. It sounds as if you had a lawyer and brought and lost a wrongful death case. The findings in that case undoubtedly impact any other fact finder, and insurance company. Apart from that (and procedure is NOT my area of law) it may have created a type of collateral estoppel.
You need a heck of a great insuance lawyer who does bad faith cases. I'd ask a few.