LexisNexis Experts: Insurance Policy Key in Alleged Nursing Home Negligence

Business Wire, Sept 15, 2005

DAYTON, Ohio -- An insurance policy purchased by the nursing home owners charged yesterday with negligent homicide in the deaths of 34 residents as a result of Hurricane Katrina may be a source of recovery for aggrieved parties and is also a critical piece of evidence for the plaintiffs, say two authorities from the LexisNexis(R) Expert News Source (LENS) Program. LexisNexis makes the nation's leading attorneys, experts, authors and editors available through its LENS program for interview, perspective, expertise and commentary. E[acute accent]"While criminal acts are specifically excluded from commercial general liability policies, a question will arise about the scope of coverage for wrongful death and negligence claims," says Luke S. Brown, a LexisNexis insurance analyst and adjunct professor at Florida State University School of Business. "Other questions may also come up about tailored policies that address risk and associated liability relating to nursing home operation." E[acute accent]Brown suggests that lawyers worldwide representing nursing homes, in particular, review insurance coverage to be sure the scope of clients' policies casts a wide net in the event that Mother Nature decides to again wreak havoc. E[acute accent]"The twist is in the facts of the insurance policy, and what I do is decipher the coverage line by line, then look past it," said Roger J. Dodd, a litigator and author of the best-selling book published by LexisNexis, Cross-Examination: Science & Techniques, available at www.lexisnexis.com/bookstore. "The outcome of most any lawsuit relating to insurance can backfire on the very person it was meant to protect. Insurance coverage and the language therein may become a jury verdict awarded to the plaintiffs." E[acute accent]Adds Dodd, "Any of the criminal cases originating from Hurricane Katrina are fraught with emotion under the circumstances, and those who have lost a loved one in this disaster are bound to seek justifiable answers as to why. I foresee an uphill battle for the defendants."

E[acute accent]About Luke S. Brown, Tallahassee, FL

E[acute accent]Luke S. Brown is a nationally recognized attorney with more than 25 years of background in the fields of insurance regulation, compliance, insurance coverage analysis, insurance fraud and as a former regulatory attorney with the Florida Office of Insurance Regulation. As a LexisNexis insurance analyst, he culls his expertise to author and develop products spanning a wide range of insurance issues. Luke's career path has included practicing insurance law in small firm settings and with one of the nation's largest law firms. An adjunct professor with Florida State University College of Business, Luke teaches legal and political aspects of insurance. In addition, he is a frequent speaker and author in the U.S. on insurance regulatory issues as well as insurance fraud.

E[acute accent]About Roger J. Dodd, Esq., Valdosta, GA

E[acute accent]Roger Dodd is a LexisNexis author of the fastest-selling book available on the LexisNexis bookstore (www.lexisnexis.com/bookstore), called Cross Examination: Science and Techniques. He is a Georgia practicing attorney, board certified by the National Board of Trial Advocacy in Civil and Criminal Trial Practice. His more than three decades as an experienced trial attorney positions his law practice to emphasize complex litigation including national cases relating to corporate law, over-the-road trucks and catastrophic personal injury and wrongful death suits. He has been listed since 1991 in Best Lawyers in America; since 1993 in Martindale Hubbell's Bar Register of Preeminent Lawyers, and is currently listed in Georgia Super Lawyers.

E[acute accent]About LexisNexis

E[acute accent]LexisNexis(R) (www.lexisnexis.com) is a leader in comprehensive and authoritative legal, news and business information and tailored applications. A member of Reed Elsevier Group plc (NYSE:ENL)(NYSE:RUK) (www.reedelsevier.com), the company does business in 100 countries with 13,000 employees worldwide. In addition to its flagship Web-based Lexis(R) and Nexis(R) research services, the company includes some of the world's most respected legal publishers such as Martindale-Hubbell, Matthew Bender, Butterworths, JurisClasseur, Abeledo-Perrot and Orac.