Court Finds Autoerotic Asphyxiation To Be Self-Inflicted Injury

August 11, 2003 (PLANSPONSOR.com) - Autoerotic asphyxiation has been deemed an intentional self-inflicted injury and thus is not entitled to coverage under an accidental death and dismemberment (AD&D) insurance policy.

>The US 2nd Circuit Court of Appeals, affirming a lower court, determined an ERISA-governed A&D plan is excluded from providing coverage for the incident due to its self inflicted nature.   The court made its determination based on the fact that the “deliberate act of constricting one’s windpipe with the purpose of depriving the brain of oxygen is an intentionally self-inflicted injury within the meaning of the policy’s exclusionary clause.”

>Thus, the court found, the incident could not be ruled “accidental.”   Summary judgment for the appellee was upheld.

Lack Of Oxygen

>Daniel Critchlow, a participant in a First UNUM Life Insurance Co. of America administered AD&D plan, was found dead as a result of strangulation due to a self-imposed noose around the neck – autoerotic asphyxiation.   After his death, Daniel’s mother, Shirley, applied for accidental death benefits as provided for in the AD&D plan.

First UNUM denied the claim after finding the asphyxiation fell within the exclusionary clause of the plan that stated the insurer “will not pay if loss is caused by … intentional self-inflicted injuries.”   Thus, the death could not be ruled an accident under the plan provision that provided for compensation in the event that the death “must result directly and independently of all other causes from accidental bodily injury.”

Shirley sued First UNUM for accidental death coverage.  A judge in the US District Court for the Western District of New York granted summary judgment in favor of First UNUM in finding the death was a result of a self-inflicted injury and not covered under the plan.

The case is Critchlow v. First UNUM Life Insurance Co. of America, Second Circuit, Number 02-7585.

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