Does a proposed instruction in a personal injury policy breach the "process of nature" rule?

California, United States of America


The following excerpt is from Moore v. American United Life Ins. Co., 150 Cal.App.3d 610, 197 Cal.Rptr. 878 (Cal. App. 1984):

Plaintiff contends the proposed instruction failed to state applicable law in that it violated the "process of nature" rule. "The 'process of nature' rule holds that, within the meaning of policy provisions requiring disability within a specified time after the accident, the onset of disability relates back to the time of the accident itself whenever the disability arises directly from the accident 'within such time as the process of nature consumes in bringing the person affected to a state of total [disability].' (Schilk v. Benefit Trust Life Ins. Co.

Page 893

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