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Ala. Justices Reinstate Wrongful Death Suit Against Insurer

Law360 (May 24, 2019, 8:49 PM EDT) -- The Alabama Supreme Court on Friday revived a suit accusing an insurance company of causing a severely constipated man’s death by negligently denying coverage for colon surgery, saying the man’s estate should’ve been allowed to tweak claims that were preempted by federal labor law. 

In a 5-1 ruling, the state's highest court reversed a dismissal in favor of Blue Advantage Administrators of Arkansas in a wrongful death suit accusing the insurer of refusing to cover a partial colon removal surgery for Billy Fleming, who was suffering from severe abdominal pain due to constipation and fecal impaction, and instead directing him to...

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