What is the test for applying the "process of nature" rule to disability insurance?

California, United States of America


The following excerpt is from National Life & Accident Ins. Co. v. Edwards, 119 Cal.App.3d 326, 174 Cal.Rptr. 31 (Cal. App. 1981):

The application of the "process of nature" rule to disability insurance arose because of problems peculiar to that kind of insurance. (See Frenzer v. Mutual Ben. H. & L. Assn. (1938) 27 Cal.App.2d 406, 413, 81 P.2d 197.) That experience provides no analogy for the life insurance field, with its enormous variety of benefits, coverages and premium rates. Other jurisdictions have agreed that a policy covering [119 Cal.App.3d 342] accidental death occurring within a limited period of time is a perfectly legitimate kind of insurance which does not require judicial augmentation. (See Annot. (1971) 39 A.L.R.3d 1311, 1313, 1320.)

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