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PTSD May Be Covered As “Bodily Injury” If It Resulted From Physical Injuries, Pennsylvania Appeals Court Holds

PTSD May Be Covered As “Bodily Injury” If It Resulted From Physical Injuries, Pennsylvania Appeals Court Holds

Posted on December 9, 2019Author Amy BesserPosted in Insurance

It has long been the rule in Pennsylvania that a mental or psychological injury generally does not constitute “bodily injury,” as defined in most standard insurance policies, unless that mental or psychological injury results from a physical injury. 

New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

Posted on August 2, 2019Author thecicrPosted in Insurance

In PJR Construction of N.J. v. Valley Forge Insurance Company, 2019, a New Jersey federal court held that the “j.(5)” “Ongoing Operations Exclusion” applied to bar coverage for property damage to property on which a construction company allegedly performed faulty work.

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

Posted on May 29, 2019May 29, 2019Author thecicrPosted in Insurance

Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court.

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion

Eighth Circuit Holds Deposition Testimony Shows Adequate Notice Given for TCPA Exclusion

Posted on January 4, 2019January 4, 2019Author Amy BesserPosted in Insurance

As more and more plaintiffs’ attorneys are using lack of notice to argue that the Distribution of Material exclusion is ineffective, American Family illustrates an effective way to establish adequate notice where actual documentation may be lacking.

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