How to Defend a Life Insurance Claim After Assisted Dying

Start Building the Evidence File Now — Not After the Insurer Asks

If someone you love died through medical assistance in dying (MAID), voluntary assisted dying (VAD), or another legally authorized form of euthanasia, the method of death does not automatically make a life insurance claim unpayable in jurisdictions with relevant protections. Coverage can still depend on policy terms, governing law, and what was disclosed during underwriting. Preserving the relevant records can help the insurer assess the claim, but it cannot guarantee a particular outcome.

Death-certificate and insurance rules differ by jurisdiction. Oregon's Death with Dignity Act addresses insurance in ORS 127.875 and says compliant actions do not constitute suicide, assisted suicide, mercy killing, or homicide in ORS 127.880. Canada's Criminal Code amendments (Bill C-14, 2016; Bill C-7, 2021) establish the legal MAID framework; Canadian Life and Health Insurance Association guidance treats legally compliant MAID as a natural death for insurance purposes. Australian VAD laws and death-certificate rules also include protections, but the specific provisions vary by jurisdiction. In Switzerland, the international death certificate omits the cause of death. In the Netherlands, the physician must report the death to a municipal pathologist for review rather than issue a natural-death certificate.

Jurisdiction-specific protections may apply. The risk lives in the gap between what the law says and what the insurer's claims department does with it.

The Two-Year Contestability Trap

Nearly all life insurance policies contain a two-year contestability period measured from the policy's issue date (or the most recent modification date). During this window, the insurer has broad rights to investigate the circumstances of the death and to deny the claim based on material misrepresentation on the application.

The contestability clause is not specific to assisted dying. It exists on nearly all individual policies. But it creates a specific risk here: if the insured purchased or modified the policy within 24 months of death, the insurer may investigate whether relevant health information was fully disclosed during underwriting. If the terminal diagnosis predated the policy change and was not fully disclosed, the claim can face a material-misrepresentation challenge regardless of how the death is classified.

What this means practically:

• Policy purchased or modified more than two years before death: the contestability window has closed, though fraud and policy terms can still matter. Build the evidence file to help the insurer assess the claim.
• Policy purchased or modified within two years of death: an automatic audit opens. The insurer will request medical records, the physician's MAID/VAD attestation, and potentially the clinical capacity assessments. Have these ready before the request arrives.

The Five Documents You Need

The evidence file helps the insurer assess the claim under the policy and the law that governs it.

1. The death certificate. Certificate rules vary. In the US, Canada, and Australia, the underlying illness is listed as the cause; Switzerland's international certificate omits the cause of death, and Dutch physicians report euthanasia deaths to a municipal pathologist for review. Request certified copies once the local authority has issued them, and ask the insurer and estate administrator how many they need.

2. The statutory citation or official insurance guidance. Save the local provision or guidance that applies to the claim. Oregon: ORS 127.875 addresses insurance policies, and ORS 127.880 says compliant actions under the Act do not constitute suicide, assisted suicide, mercy killing, or homicide. Canada: the Criminal Code establishes the MAID framework, while Canadian Life and Health Insurance Association guidance addresses insurance treatment. Australian protections and certificate rules vary by jurisdiction. The insurer's claims adjuster may be unfamiliar with the applicable rules; include the relevant citation or guidance with the claim.

3. The clinician's report or confirmation. Reporting requirements differ by jurisdiction. For example, Ontario clinicians report MAID provisions to the Office of the Chief Coroner, Dutch physicians notify the municipal pathologist, and Belgian physicians submit a registration document to the Federal Commission for the Control and Evaluation of Euthanasia within four working days. Ask the local MAID/VAD program which confirmation can be released to a claimant.

4. The capacity assessments. Assessment requirements differ by jurisdiction. Canada's framework includes independent assessments, while Switzerland does not require physician involvement or a terminal diagnosis. Ask the local program which assessment records exist and which can be released. Where available, they document safeguards; whether they affect a claim depends on the policy and governing law.

5. The clinical timeline. A chronological summary showing: date of diagnosis → date of first assisted dying request → any applicable waiting period → assessments → date of death. This can help show how the local process and safeguards were followed. If you do not have this as a single document, reconstruct it from records you are authorized to access.

Who Should Build the File

• Surviving spouse or partner who is the named beneficiary — you are the claimant; the evidence file supports your claim
• Estate executor filing on behalf of the estate — the file accompanies the claim form
• Adult child helping an elderly surviving parent who is the beneficiary — organize the file and present it to the insurer with the beneficiary's authorization

Who Should NOT Build the File Themselves

• Anyone whose claim has already been denied — a denial may involve an appeal, regulatory complaint, or litigation. Consider consulting an insurance attorney or a bad-faith insurance litigator about the next step.
• Anyone dealing with a policy that explicitly excludes "physician-assisted death" by name — ask an attorney how that wording interacts with the policy's governing law; do not assume a statutory protection overrides the policy language.
• Anyone whose policy was purchased near the time of a terminal diagnosis — this can raise application-disclosure questions. The insurer's review will depend on what the application asked and what was disclosed.

The Cross-Border Complication

When the death occurs in a different country from where the policy was underwritten, the evidence file needs to bridge two legal frameworks.

A British citizen who accessed euthanasia in the Netherlands may have a UK-underwritten policy governed by its own terms and applicable law. Dutch euthanasia deaths follow a notification and review process involving the municipal pathologist; do not assume the certificate uses the same classification as a domestic UK certificate. The insurer may need documentation explaining the Dutch process.

In these cases, include a certified translation of the death certificate, the relevant Dutch statutory citation (Wet toetsing levensbeëindiging op verzoek en hulp bij zelfdoding), and a cover letter explaining the legal framework. The After a Death by Euthanasia / Assisted Dying toolkit includes jurisdiction-specific documentation checklists for the US, Canada, Australia, Switzerland, the Netherlands, and Belgium — designed for exactly this cross-referencing task.

Group Life Insurance — The Simpler Path

Employer-provided group life insurance policies may have different terms from individual policies. Some have different underwriting or suicide-exclusion provisions, and US ERISA plans follow a distinct claims process. Check the plan documents and certificate rather than assuming group coverage is simpler.

If the deceased had both individual and group coverage, submit each claim according to that policy's requirements and deadlines. One insurer's decision does not determine coverage under the other policy.

Tradeoffs: Guide vs Attorney vs DIY

Building the file yourself with a guide costs the price of the guide and your time. It works when the policy is past contestability, the death occurred in the same jurisdiction as the policy, and the family has no reason to expect a denial.

Hiring an insurance attorney costs $200–$500 per hour but is the right choice when the claim has been denied, the policy is within contestability and the insurer is investigating, or the death occurred in a foreign jurisdiction and the insurer is unfamiliar with the legal framework.

Filing without preparation — submitting the claim form and death certificate and hoping for the best — works in straightforward cases (policy past contestability, domestic death, cooperative insurer). It fails when the insurer's audit team opens a file and you do not have the capacity assessments, the statutory citation, or the clinical timeline ready. The delay while you scramble to assemble these documents can stretch the claims process from weeks to months.

Frequently Asked Questions

Will the insurer automatically know the death was assisted?

That depends on the jurisdiction and records involved. In the US, Canada, and Australia, certificates list the underlying illness as the cause; Switzerland's international certificate omits the cause, while Dutch physicians report euthanasia deaths to a municipal pathologist for review. An insurer may request medical records that reference the MAID/VAD process. Provide accurate answers to the insurer's questions and the documents it requests.

Does the suicide exclusion clause apply to assisted dying?

The answer depends on the jurisdiction and policy. Oregon's Death with Dignity Act expressly addresses insurance in ORS 127.875 and says compliant actions are not suicide under ORS 127.880. Canada and Australia also have protections or insurance guidance, but there is no single rule across all covered countries. If an insurer contests a claim, check the policy's governing law and consider getting legal advice.

How long does it take to get paid after filing?

There is no single timeline across the jurisdictions and policies covered here. Ask the insurer for its claim-review timeline and deadlines for any requested documents. Contestability reviews or cross-border records can add steps.

What if I cannot get the capacity assessments?

Ask the local MAID/VAD program or treating clinician which records can be released and who holds them. In Ontario, the Office of the Chief Coroner reviews clinician documentation; in Victoria, the Voluntary Assisted Dying Review Board oversees program reporting. Access to individual clinical records depends on local rules and authorization.

Should I mention assisted dying in the claim form?

Complete the claim form accurately and answer every question as asked. Use the cause of death shown on the official certificate, and provide any additional information or records the insurer requests. If you are unsure how a question applies, ask the insurer or a qualified attorney before submitting the form.