Eighth Circuit Court of Appeals at the Thomas F. Eagleton Courthouse, St. Louis. (Credit: Google) 8th Circuit: In ERISA Case, Heroin Overdose Doesn't Fall Under Insurer's 'Intentionally Self-Inflicted Injury' Exclusion
"Using heroin is not itself an 'intentionally self inflicted injury'; for example, a person who uses heroin to get high would not necessarily be thought of as an 'injured' party," wrote the appeals panel.
February 28, 2023 at 11:27 AM
6 minute read
Insurance Litigation
The U.S. Court of Appeals for the Eighth Circuit has ruled in a death-benefits case that a husband's death due to heroin overdose does not fall under an insurance policy's "intentionally self-inflicted injury" exclusion, reasoning that "just because the act of using an illegal substance is purposeful does not mean that an injury stemming from that act, including a fatal overdose, was too."
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