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Caps on noneconomic damages in medical malpractice case for personal injury deemed unconstitutional in accordance with the same rationale applied by the Florida Supreme Court in Estate of McCall v. United States.

In 2014, the Florida Supreme Court held in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), that caps on noneconomic damages in medical malpractice actions violate the equal protection clause and are unconstitutional. Case Law Alerts, 4th Quarter, October 2015

Statute of limitations on a declaratory judgment action begins to run when the insurer has enough facts to support the contention that it has no duty to defend.

The trial court had held that the statute of limitations begins to run when the insurer is given a copy of the complaint. The en banc Pennsylvania Superior Court disagreed and held that the statute begins to run when the cause of action arises.   Case Law Alerts, 4th Quarter, October 2015