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November 02, 2022 | Connecticut Law Tribune

Is a Fatal Drug Overdose Considered an 'Accident' for Purposes of Liability Insurance Coverage?

"A distillation of the precedent on this topic leaves the Court with the following principle: death caused by a drug overdose will only be an expected or intended harm if either the provision of drugs is so 'inherently harmful' that death by overdose would be a natural consequence, or Imran Iqbal had actual knowledge that the drugs were harmful enough that Elle Migneault might perish as a result of taking them," wrote U.S. District Judge Janet Bond Arterton of the District of Connecticut.
5 minute read
November 02, 2022 | Daily Business Review

Need for Change: MDL Equivalent in Florida State Courts

This article reviews the current method for consolidating cases in Florida and the reasons why this method should change. The Florida Supreme Court should consider amending the civil procedure rules and provide for a multidistrict litigation framework for Florida state courts.
6 minute read
November 01, 2022 | Insurance Coverage Law Center

Circuit Panel Rules Trademark Claim Not Covered by Policy for Trade Dress Infringement

"For State Farm to have a duty to defend the Avaya lawsuit against DBSI and its officer, Avaya's operative complaint must potentially state a claim for trade dress infringement. But it does not," Judge Peter Phipps of the Third Circuit wrote.
4 minute read
October 31, 2022 | Daily Report Online

Judge Won't Dismiss Ga. Election Workers' Suit Against Giuliani

"As election workers across the state worked long hours carefully ensuring the accuracy of the election, the Trump Campaign and its allies, including Giuliani, engaged in a media offensive that at best questioned, and at worse condemned, their work," U.S. District Court Chief Judge Beryl Howell wrote.
4 minute read
October 31, 2022 | Insurance Coverage Law Center

Insurance Coverage Q&A: Bull Semen as Perishable Stock

Questions coverage for bull semen as perishable stock on the spoilage endorsement if not shown in the Schedule.
4 minute read
October 28, 2022 | The Legal Intelligencer

3rd Circ. Issues Precedential Opinion Regarding Insurer Requirements in Election of UIM Benefits

"Our inquiry begins and ends with the statutory text," stated Rendell. "Both we and the Supreme Court of Pennsylvania have recognized that sections 1731 and 1734 mean no more than what they state."
5 minute read
October 26, 2022 | New York Law Journal

Closing Cases Through Intercompany Arbitration

This article provides a discussion of special arbitration agreements which are "not well known and sorely underutilized by insurance carriers." The authors highlight the benefits of special arbitration: "Settling underlying claims and resolving disputed liability or coverage disputes through the special arbitration forums is enormously beneficial to member companies. It reduces litigation costs, including attorney fees, through faster closings."
6 minute read
October 25, 2022 | The Legal Intelligencer

The End of the Special Venue Rule in Pennsylvania Medical Malpractice Cases

This article discusses the special treatment that medical providers have received and its impact on victims of medical malpractice and Pennsylvanians at large. It addresses the false narrative that led to the venue carve-out, its political backdrop, and why that narrative is still false today.
9 minute read
October 24, 2022 | Daily Report Online

Century Sues State Farm to Rescind, Void Insurance Policy

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
October 20, 2022 | The Legal Intelligencer

Two-Month Gap in Seeking Medical Treatment Noted by Defense

On Feb. 18, 2021, plaintiff Gary Gilligan, 60, a sales manager, was stopped on Route 202, in Paoli. The rear of his vehicle was struck by the front of a trailing vehicle, whose driver was underinsured. Gilligan claimed head, neck and back injuries.
4 minute read

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