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Sunday, August 8, 2010

Insurance Company Liable in Tort for Delay of Medical Treatment

A US District Court Judge held that a valid cause of action existed directly against an insurance company for the delay treatment to an injured worker. The court, in denying a motion for summary judgment, held that when an insurer negligently ignored the advice of its own medical expert concerning medical treatment, a claim against the insurer itself was not barred by the Exclusivity Doctrine.

Davis v One Beacon, et al., 2010 WL 2629053 (D.N.J.) Civil Action No. 09-cv-4179 (NLH)(KMW) Decided June 28, 2010.

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