Comments for The Sudden Medical Emergency Defense in Personal Injury Claims

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Dec 06, 2012
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Sudden medical emergency
by: James Mason

I agree. I file numerous ARB's on behalf of my insurance comapny. I filed as a respondent when we denied the other carrier's demand due to the "Sudden Medical Emergency" doctrine in California. Our insured suffered a Bilateral Acute Pulmonary Embolism and struck a parked car. We were able to obtain the death certificate and presented this as evidence. We also interviewed the widow and obtained a statement on her knowledge of any prior medical conditions, which she stated her late husband did not have.

Also, I was able to locate some case law on this doctrine titled; "Cohen v Petty". This was very helpful in our defense. The arbitrator agreed with our contentions and we did not have to pay the award.


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