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Drug & Device News

By ALM Staff | Law Journal Newsletters |

Insurer Not Out of Body Part Theft Fiasco

A body-parts-for-cash scandal that sent three Philadelphia funeral directors to prison last year has sparked a wave of litigation in the state and federal courts, and a federal judge's recent ruling on insurance coverage promises to keep the cases alive. In a major setback for the insurer, Nationwide Mutual Insurance Co., U.S. District Judge Michael Baylson in Philadelphia rejected the argument that guilty pleas by the participants conclusively proved that all of the conduct was intentional and therefore could not be treated as negligent conduct that triggers insurance coverage.

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