Nationwide Must Defend Ventilator Failure Suit, Judge Says

Law360, Chicago (February 27, 2013, 1:15 PM EST) -- A Mississippi federal judge ruled Tuesday that Nationwide Mutual Insurance Co. has a duty to defend Freedom Healthcare against a suit brought by the daughter of a woman who died after her Freedom-supplied ventilator failed, finding a professional services exclusion did not apply.

U.S. District Judge Keith Starrett denied the insurer's motion for summary judgment in its liability insurance coverage dispute against Freedom Healthcare, which also goes by Kavanaugh Supply LLC.

The insurer had argued that the underlying suit alleged damages stemming from Freedom Healthcare's professional...
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Case Information

Case Title

Nationwide Mutual Insurance Company v. Kavanaugh Supply, LLC et al


Case Number

2:11-cv-00232

Court

Mississippi Southern

Nature of Suit

Insurance

Judge

Keith Starrett

Date Filed

November 21, 2011

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