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insurance defense
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Anti-Stacking Applied to Courts’ Interpretations of Underinsured Motorist Coverage

West Virginia automobile insurance companies can include anti-stacking provisions in their coverage for underinsured motorists (UIM), which West Virginia law requires all drivers to purchase. But when there is more than one car or more than one driver involved in a collision, a claimant cannot add everything together (stack the claim) and receive more than Read More

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Numerous Defendants Sued After Kentucky Truck Driver’s Fatal Crash

A devastating truck crash in 2015 involving a Kentucky truck driver has led to litigation against several defendants. Six people died when Ben Brewer drove his vehicle into traffic that had slowed down suddenly due to construction work on Interstate 75 in Ooltewah, Tennessee. Taken together, the claims add up to more than $200 million. Read More

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How Long Does a Duty to Defend Against Environmental Claims Last?

Environmental claims routinely involve allegations that date back several years or even decades. This creates difficult legal questions for potential defendants and their insurers. Sometimes sites are the subject of complaints or other types of activity before a claim is filed that would trigger the application of an insurance policy. If a lawsuit is not Read More

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PF&F Prevents Overreach by Plaintiff in Trial of Multi-Vehicle Accident

At Pullin, Fowler, Flanagan, Brown & Poe, PLLC, we like to talk about the “PF&F difference.” That phrase often refers to the intangibles of quality legal service, but in a lawsuit decided July 6, 2016, that difference was $90,000 or more in our client’s favor. The case, Fletcher v. Elliot, arose from a multi-vehicle auto Read More

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Insurance Defense Involving a Common Carrier

A “common carrier” is a person or company that transports goods or people for another party and is responsible for any possible loss of the goods during transport. Common examples of common carriers are forms of public transportation including busing and trucking companies. The Carmack Amendment, 49 U.S.C. §14706, provides the shipper with a statutory Read More

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