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Torts Keyed to Christie
Flomerfelt v. Cardiello
Citation:
202 N.J. 432, 997 A.2d 991 (2010)Facts
Wendy Flomerfelt (Plaintiff) sued Matthew Cardiello (Defendant) for temporary and permanent injuries sustained after she overdosed he provided her at a party he hosted while his parents were out of town. The Plaintiff also argued that the Defendant failed to promptly call emergency services. The Defendant sought a defense and indemnity from his parent’s homeowner’s insurer, Pennsylvania General, but the insurer declined to provide either based on language in the policy that excluded claims arising out of the use, transfer, or possession of controlled dangerous substances. Given the use of controlled dangerous substances as the cause of the Plaintiff’s injuries was contested in the pending lawsuit, the Defendant sought a declaratory judgment obligating Pennsylvania General to defend and indemnify him.
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