Christopher Greeley recently settled a subrogation claim for a client in relation to a North Shore accident where a motor vehicle left the roadway and struck a historic home. The adverse driver’s insurer refused to settle the property damage claim, insisting that a “sudden medical emergency” resulted in the driver losing control of the vehicle. However, the adverse driver’s insurer refused to turn over the medical record that it claimed justified a denial of the claim, due to HIPAA privacy concerns. To obtain and review the medical records, Chris immediately filed suit on behalf of his client, and secured a court order. The Adverse Driver’s records revealed that a relevant pre-existing medical condition had been concealed. The matter promptly concluded via settlement upon verification of the adverse driver’s pre-existing medical condition, which undermined the suggestion of the accident having resulted from a “sudden medical emergency”.