Arguably was the key word you missed. I don’t think anyone has made this argument before but I personally believe it could be made successfully to a jury.

1) denial of care resulting in death has already has case law for murder, it’s typically geared towards people with a legal responsibility like a grossly negligent parent and does typically get treated as manslaughter but there have been extreme cases where murder was charged. This is where I think an attorney could sway a jury that insurers have a legal obligation to their insured. And particularly where the insurer is objecting to a medical practitioners recommendation/diagnosis/etc.

2) premeditation can be determined because the auto-deny decision has been made and programmed into their business systems.

There are jurisdictions where that’s basically all you need