Federal Appellate Coverage
Auremont Vale’s analysis of consequential decisions from the United States Court of Appeals for the Tenth Circuit.
Tenth Circuit · 10th Cir.
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Insurance Coverage · Child-Abuse Liability·
Michael Jensen abused children in West Virginia after his family moved there from Utah. When their civil claims settled, the Church of Jesus Christ of Latter-day Saints asked National Union and ACE to pay. The Tenth Circuit held that the policies reasonably support the Church’s one-occurrence reading, while leaving the insurers’ remaining defenses for remand.
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PREP Act Immunity·
Before Brianne Dressen received AstraZeneca’s experimental vaccine, the consent form said the company would pay reasonable treatment costs for research injuries. It also warned that federal law might bar a lawsuit. The Tenth Circuit held that PREP Act immunity covered her contract claim and sent the case back to decide whether AstraZeneca gave up that immunity.
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