Lexington Ins

The Supreme Court voted in a very interesting way on a very boring subject this week in Lexington Ins. Co. v. Lexington Health Care Group, Inc. The issue was whether language in an insurance policy should be construed against the insurance company. Last year, in a the 3-2 decision, with Justices Norcott and Eveleigh dissenting, the answer was no. The insured moved for reconsideration en banc, which was granted. New Justices McDonald and Espinosa were added to the panel and they both agreed with Judge Eveleigh. So was the result reversed? No, because Judge Norcott changed his mind! That happens about once a decade. So the insurance company barely escaped with its win intact.L

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