Analysis of State Laws Permitting Intoxication Exclusions in Insurance Contracts and Their Judicial Enforcement

Authors

Sara J. Rosenbaum, George Washington UniversityFollow
Henry Van Dyck, George Washington University
Mandy Bartoshesky, George Washington University
Joel B. Teitelbaum, George Washington UniversityFollow

Document Type

Report

Publication Date

2-2004

Publisher

Department of Health Policy, School of Public Health and Health Services, The George Washington University

Series

SAMHSA Policy Brief

Keywords

Alcohol; Uninsured

Abstract

This Policy Brief reviews judicial decisions construing state laws that permit insurers to include intoxication exclusionary clauses in their insurance policies. The cases and state laws examined in this analysis span health, life, disability, accidental death and dismemberment (AD&D), workers compensation, and unemployment insurance. Some variant of the intoxication exclusionary clause appears across all of these products, depending on the state. The widespread nature of such laws has its roots in the 1947 Uniform Accident and Sickness Policy Provision Law (UPPL), a model statute whose broader public policy purpose was to avoid the use of insurance to protect against the risk of unlawful conduct.

Comments

Funder: Substance Abuse and Mental Health Services Administration (SAMHSA).

Recommended Citation

Rosenbaum, S., Van Dyck, H., Bartoshesky, M., & Teitelbaum, J. (2004). Analysis of State Laws Permitting Intoxication Exclusions in Insurance Contracts and Their Judicial Enforcement (SAMHSA policy brief). Washington, D.C.: Department of Health Policy, School of Public Health and Health Services, The George Washington University.

Open Access

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