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Mr. Phan lost control of his vehicle, veered off the road, and hit a telephone pole. If nothing more had occurred, he would have survived
- Mr. Phan lost control of his vehicle, veered off the road, and hit a telephone pole. If nothing more had occurred, he would have survived the accident.However, the trauma of hitting the pole caused Mr. Phan to have a heart attack.He died on the way to the hospital.Prior to the accident, Mr. Phan had never suffered from any heart ailments. His widow attempted to collect on his life insurance policy that provided for double coverage in the case of accidental death.There was an exclusion, however, if death was the result of physical illness. The insurance company refused to pay the accidental death benefits and his widow sued.If you were the trial judge, how would you rule?
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