What is the test for the definition of suicide in a medical malpractice case?

California, United States of America


The following excerpt is from Searle v. Allstate Life Ins. Co., 212 Cal.Rptr. 466, 38 Cal.3d 425, 696 P.2d 1308 (Cal. 1985):

To summarize: the clause excludes all nonaccidental self-destruction regardless of the insured's state of mind; intent is therefore immaterial, and the trier of fact need determine only whether the act of self-destruction, objectively viewed, was accidental. In other words, "[i]f the act of self-destruction would be regarded as suicide in the case of a sane person, it would be so treated as to an insane insured...." (Atkinson v. Life Ins. Co. of Virginia, supra, 228 S.E.2d 117, 120.)

Other Questions


Does section 2337 of the Medical Association's Medical Licence Review Guidelines apply to a medical malpractice case? (California, United States of America)
What is the case law on abuse of expert testimony in medical malpractice cases? (California, United States of America)
What is the effect of section 2(2) of the California Medical Terminations Act on medical malpractice cases? (California, United States of America)
How has section 855.4 of the California Medical Code been interpreted in the context of medical malpractice cases? (California, United States of America)
Is there any case law supporting the probability of negligence in medical malpractice cases? (California, United States of America)
Does a medical malpractice plaintiff have a need for protection in a medical negligence case? (California, United States of America)
Is there any case law where an evidentiary privilege has been applied in the context of a medical malpractice case? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
In a motion to suppress evidence in a medical malpractice case, has a recommending physician ever been allowed to attach a statement recommending marijuana for medical purposes? (California, United States of America)
What is the state of the law in cases involving medical malpractice cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.