When Is a Heart Attack not an Accident?
The Court of Appeal of the Supreme Court of Western Australia recently ruled on whether death caused by the formation of a blood clot inside a coronary artery was caused by ‘bodily injury’ that resulted from an ‘accident’ within the meaning of a policy of insurance. The case revisits after many years the issues surrounding the concept of an ‘accident’ previously ruled on by the High Court in the well-known case of Australian Casualty Co Ltd v Federico but this time in the context of a fatal heart attack and against a background of progressive heart disease of which the insured was unaware.
http://www.aluca.com/images/REB/RiskeBusiness%20June%202011.pdf

