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Court Decisions

    Insured tries to duck medical exam

Insured tries to duck medical exam

Insured tries to duck medical exam Michelle Levine was covered under an automobile liability policy issued by Amica Mutual Insurance Company for the period December 1, 2010 to December 1, 2011. Levine sought medical payments for treatment she claimed resulted from a December 6, 2010, motor vehicle accident. Amica Mutual sought a declaratory judgment that it had no duty to provide medical payment benefits to Levine because she refused to

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Assault turns deadly

Assault turns deadly In April 2016, Amy Joyner-Francis suffered sudden cardiac death after she was assaulted by Trinity Carr in their high school bathroom. Joyner-Francis’s autopsy revealed that she had a “large atrial septal defect and pulmonary hypertension,” which, in addition to the emotional and physical stress from the fight, caused her heart failure. After Carr’s criminal prosecution, two civil lawsuits were filed in Superior Court by Joyner-Francis’s estate and

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Primary or excess: Who’s on first?

Primary or excess: Who’s on first? Russell Brenner was injured on the Milwaukee World Festival (MWF) premises while working for Hunzinger Construction Company. At the time of the injury, MWF was insured under a policy with National Casualty Company. Hunzinger had a policy with Amerisure Insurance Company, and MWF was an additional insured on that policy pursuant to a contractors blanket additional insured endorsement. Brenner filed a personal injury suit,

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How low can you go?

How low can you go? On March 13, 2017, Gregory Jackson was a passenger in a Jefferson Parish Water Department work truck that was parked near an intersection. Matthew Drachenburg was driving his vehicle and sideswiped the parked truck in which Jackson was sitting. There was minimal if any damage to the vehicles involved in the accident.State Farm Fire and Casualty Company insured Drachenburg. After the accident, on March 17,

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Railway, hoist, or dock?

Railway, hoist, or dock? Global Ship Systems owned a shipyard in Savannah, Georgia. The shipyard used a marine railway to transport vessels into and out of the water. The railway consisted of: “(a) a set of parallel railway tracks mounted on a concreted bedplate, which are approximately 350 feet in length and on a 16-degree incline that runs into the Savannah River; (b) a cradle (flatbed) that rides on rollers

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