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Court Decisions

Can comp carrier compel psych exam?

Can comp carrier compel psych exam? On May 27, 2015, Michael Neisinger was injured in the course of his employment when a high-pressure stream of water hit his left thigh and knocked him off a platform. Neisinger suffered injuries to his left leg, including a rupture of his quadriceps tendon. New Hampshire Insurance Comp-any provided workers compensation insurance for Neisinger’s employer. New Hampshire accepted liability for Neisinger’s injury. Neisinger sought

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Can insurer exclude criminal conduct?

Can insurer exclude criminal conduct? On July 11, 2008, Sharmin Walls, Randi Harper, and Christopher Timms were passengers in a vehicle owned by Walls and being driven by Korey Mayfield. When a state highway patrol officer attempted to stop the vehicle for speeding, Mayfield ignored the passengers’ request to pull over and instead accelerated down the highway. Mayfield led the officer on a high-speed chase—at one point reaching a speed

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You can’t have it both ways

You can’t have it both ways In 2000, Paul Terrell and Rica Tseng purchased a house in San Francisco. They initially lived at the property and obtained a homeowners policy from State Farm General Insurance Company. In 2003 they moved out and began renting the property. At their direction, State Farm canceled and replaced the homeowners policy with a rental dwelling policy in January 2004. In the winter of 2004,

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Blue Christmas: No coverage for brick veneer collapse

Blue Christmas: No coverage for brick veneer collapse Dominic Messina owned a house that was insured by Shelter Mutual Insurance Company. Messina acknowledged that, since he had purchased the house in 1999, the brick veneer on the south side of the house “was bulging out away from the wall … .” On December 25, 2016, Messina returned home to discover that most of the brick veneer on the south side

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“This dog won’t hunt”: Good luck collecting on towing bill

“This dog won’t hunt”: Good luck collecting on towing bill Fred Muluya d/b/a Anakiya Trucking owned a large box truck that was insured under a commercial automobile policy issued by Progressive Casualty Insurance Company. In the early morning of December 20, 2016, the police department in Eliot, Maine, contacted National Wrecker, Inc. (NWI), to respond to an accident involving Muluya’s truck, which had gone off the road and crashed into

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