Intoxication and Insurance Claims in Nevada
Beginning in the 1940s, many states passed alcohol exclusion laws that allowed insurance companies to deny health insurance claims based on the use of alcohol. Then, insurance companies began writing alcohol exclusion clauses into their policies. One intent of such state laws was to reduce the incidence of drunk driving. Another was to save insurance companies money. Most states still do this. Nevada is on a short list of states that prohibit this practice.
Nevada Prohibits Insurance Companies from Using an Alcohol Exclusion Clause
Statutes in Nevada clearly spell out that insurance companies cannot deny an injury claim due to intoxication. This is true even if the insurance policy has an alcohol exclusion clause written into it. Insurance companies must abide by individual state laws. This means that the same policy issued by the same insurance company may be enforced differently depending upon the state of residence of the insured.
Some Insurance Companies Look for a Reason to Deny
In an effort to keep expenses lower, some insurance companies look for a reason to deny a claim, rather than a reason to pay it. Additionally, major insurance companies may have the same employees processing claims from multiple different states, making it nearly impossible for them to remember every applicable law. This can occasionally result in an incorrect denial letter being issued. If you are a legal resident of Nevada, and you have had a health insurance claim denied due to intoxication, then a personal injury lawyer may be able to get the denial overturned without going to court. Often, just getting a letter from a lawyer will get the claim looked at more closely.
State Laws Protect Your, The Consumer
Recent changes in federal policy may have caused some confusion about what is and is not covered by health insurance policies. In the state of Nevada, regardless of what the policy states in the paperwork, you cannot have an individual claim denied solely due to intoxication. Such claims are supposed to be paid in full.