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Court Tosses Carrier's Attempt to Appeal Finding of Duty to Defend

Tuesday, September 5, 2023 | 0

A federal appellate court threw out an insurance carrier’s attempt to challenge a judge’s determination that the company had a duty to provide a defense for an employer against a suit from a former employee. Case: Zenith Insurance Co. v. Newell, No. 21-1748, 08/24/2023, published. Facts and procedural history: M.P.N. Inc. manufactures radiators at a plant in Philadelphia. Jerry Mercer Jr. worked for M.P.N. from 2015 to 2017. In 2019, Mercer sued M.P.N. He alleged it concealed blood test results showing that he had dangerously high levels of zinc and lead...

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