Does life insurance cover suicide?
Yes, once a year has passed since the contract was signed, or earlier if the policy so provides. During that first year the insurer does not pay if the death is a suicide, which the law defines as death caused consciously and voluntarily. If a mental illness took away that awareness or that will, there are good arguments that it is not suicide for these purposes and that the insurance pays out. It is the insurer that has to prove it was suicide. If you or someone close to you is going through a difficult time, including after losing a family member, you can call 024, free and confidential at any hour, or 112 if there is immediate danger.
Alburquerque Abogados
José Manuel AlburquerqueThe rule
- Once a year has passed since the policy was signed, suicide is covered.
- During the first year it is not, unless the policy is more favourable. A policy that extends that year is open to challenge and, at the very least, the extension would have to be highlighted and signed separately.
- The year runs from the signing of the contract, not from the last renewal. But if a new policy was signed, for example when changing insurer, the year starts again, unless the new policy says otherwise.
Proof
- The insurer has to prove that the death was suicide and that it occurred in the first year.
- If the family argues that a mental illness took away the person's awareness, they will have to prove it with medical reports.
- After the first year, some insurers challenge the health questionnaire on the basis of a history of mental health problems. They can only refuse to pay if they prove wilful misconduct in concealing something that was asked about, because once a year has passed since the policy was signed, gross negligence is no longer enough.
Personal accident insurance
Personal accident insurance covers injury or death from a cause independent of the insured's will, so in principle it does not cover suicide. It is advisable to review both policies if the deceased had both.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.