In the Hartford Courant this morning; Sorry I don't have the article. A self employed man bought an insurance policy for himself and his family through an independent broker. At some point after that his 18 year old honor student, eagle scout son attends a party. Even though he has a designated driver, after consuming a significant amount of alcohol (1.6 ), he drives his pickup truck into a telephone pole. He recovers from his injuries at the cost of $247K. His health insurance looks at the bill, the cause of the accident and says; "We aren't paying". There is buried in the policy an exclusion that states that they will not pay for care for any injuries sustained while consuming alcohol or drugs not ordered by a physician. The father successfully sued the agent, although not enough to cover the hospital bill. Apparently there are only four states in the USA that permit this clause. How do you feel about it? My feeling is, if there is that clause, it is irregular enough that an acknowledgement that you are aware of the clause should at least have to be signed. That is the case with motorcycle insurance and the "underinsured driver clause". You have to sign that you have been made aware that the additional coverage is available to you and you chose to decline. If the carrier can save the buyer some money, than the buyer should be able to chose that option, but not without disclosure. A bill is being introduced into the Ct. State Legislature to eliminate that provision. How do you feel about it? Most insurance companies do not have that clause so I can understand why the father in this case wouldn't have considered the possibility.
I guess it's similar to a life insurance policy....if you don't wear a seatbelt, if you commit suicide, etc., you don't get to collect. 
Anyway, back to the OP, with only four states allowing for this type of exclusion, I think that this particular insurance company is out of line. The father won his suit against the broker for failure to disclose that very important detail.

