NJ court rules insurer must defend overdose case

TRENTON, N.J. - July 7, 2010

Wednesday's ruling reversed an appeals court decision. The lower court had said Pennsylvania General Insurance Company wasn't obligated to defend Matthew Cardiello because its policy excludes claims arising from illegal drug use.

Wendy Flomerfelt admitted using alcohol and drugs at a party thrown by Cardiello at his parents' house. She suffered kidney and liver failure and permanent partial hearing loss. She claimed her injuries were aggravated when Cardiello delayed calling for help.

The court found the insurance company's policy ambiguous.

An attorney for the insurer could not be reached for comment Wednesday.

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