§ 8-45.5. Statements, releases, etc., obtained from persons in shock or under the influence of drugs; fraud presumed. - North-carolina Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8 > GS_8-45_5

Article4B.

Evidence of Fraud,Duress, Undue Influence.

§ 8‑45.5. Statements,releases, etc., obtained from persons in shock or under the influence of drugs;fraud presumed.

Any oral or written statement,waiver, release, receipt, or other representation of any kind by any personmade or executed while a patient in any hospital and taken by any person inconnection with any type of insurance coverage on or for the benefit of saidpatient which shall have been taken while such patient was in shock or appreciablyunder the influence of any drug, including drugs given primarily for sedation,shall be deemed to have been obtained by means of fraud, duress or undueinfluence on the part of the person or persons taking same, and the same shallbe incompetent and inadmissible in evidence to prove or disprove any fact orcircumstance relating to any claim for which any insurance company may beliable under any policy of insurance issued to, or which may indemnify orprovide coverage or protection for the person making or executing any suchstatement or other instrument while a patient in a hospital, nor may any suchperson making or executing the same be examined or cross‑examined inregard thereto. (1967, c. 928.)

State Codes and Statutes

Statutes > North-carolina > Chapter_8 > GS_8-45_5

Article4B.

Evidence of Fraud,Duress, Undue Influence.

§ 8‑45.5. Statements,releases, etc., obtained from persons in shock or under the influence of drugs;fraud presumed.

Any oral or written statement,waiver, release, receipt, or other representation of any kind by any personmade or executed while a patient in any hospital and taken by any person inconnection with any type of insurance coverage on or for the benefit of saidpatient which shall have been taken while such patient was in shock or appreciablyunder the influence of any drug, including drugs given primarily for sedation,shall be deemed to have been obtained by means of fraud, duress or undueinfluence on the part of the person or persons taking same, and the same shallbe incompetent and inadmissible in evidence to prove or disprove any fact orcircumstance relating to any claim for which any insurance company may beliable under any policy of insurance issued to, or which may indemnify orprovide coverage or protection for the person making or executing any suchstatement or other instrument while a patient in a hospital, nor may any suchperson making or executing the same be examined or cross‑examined inregard thereto. (1967, c. 928.)

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State Codes and Statutes

Statutes > North-carolina > Chapter_8 > GS_8-45_5

Article4B.

Evidence of Fraud,Duress, Undue Influence.

§ 8‑45.5. Statements,releases, etc., obtained from persons in shock or under the influence of drugs;fraud presumed.

Any oral or written statement,waiver, release, receipt, or other representation of any kind by any personmade or executed while a patient in any hospital and taken by any person inconnection with any type of insurance coverage on or for the benefit of saidpatient which shall have been taken while such patient was in shock or appreciablyunder the influence of any drug, including drugs given primarily for sedation,shall be deemed to have been obtained by means of fraud, duress or undueinfluence on the part of the person or persons taking same, and the same shallbe incompetent and inadmissible in evidence to prove or disprove any fact orcircumstance relating to any claim for which any insurance company may beliable under any policy of insurance issued to, or which may indemnify orprovide coverage or protection for the person making or executing any suchstatement or other instrument while a patient in a hospital, nor may any suchperson making or executing the same be examined or cross‑examined inregard thereto. (1967, c. 928.)