Does state or federal law apply to an accidental death insurance claim?

Accidental death insurance is not life insurance. Life insurance typically pays out upon the insured's death, regardless of the cause. However, accidental death insurance pays out only if the death meets the criteria of the policy terms.

State law will typically apply to accidental death policies that are purchased privately. Such as through a web site or an agent. Federal law will typically apply if the policy owner obtains the accidental death coverage through an employer. That federal law will typically be ERISA.

The application of the law often determines which court will consider the case. It may also have a big impact on the outcome of an accidental death claim lawsuit.