DRUNKENNESS AS A LIMITING CLAUSE FOR LIFE INSURANCE COMPENSATION
DOI:
https://doi.org/10.54578/unesc.v8i2.487Abstract
This study delves into the contentious issue of whether life insurance policies can legally include a clause that denies coverage if an insured individual is involved in a traffic accident when intoxicated. The inclusion of such clauses is a hotly debated topic in both legal scholarship and courtroom. The aim is to shed light on this debate by examining the arguments for and against the permissibility of these clauses. Our research, which is both bibliographic and jurisprudential, analyzed specialized legal doctrines, recent court rulings from various state courts, and decisions from the Superior Court of Justice, along with current legal regulations. The prevailing view, both in courts and in the majority of legal scholarship, is that such clauses should not be allowed. The primary argument is that they undermine the core purpose of the life insurance contract, which is to protect life. This interpretation aligns with the legal requirement for providing indemnity. even in cases of unpremeditated suicide, emphasizing that the fundamental objective of life insurance is to safeguard life irrespective of circumstances.
Keywords: Insurance contract, Abusive clause, Limiting clause, Drunkenness, Accident, Claim.
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