Archive for the ‘insurance defense’ Category

Fourth Circuit Finds CGL Insurer Has Duty to Defend Cyber Claim

In Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, L.L.C., 2016 U.S. App. Lexis 6554, decided on April 11, 2016, the United States Court of Appeals for the Fourth Circuit found that a commercial general liability insurer has the duty to defend its insured against a cybersecurity claim. The Underlying Suit On April 18, […]

 

Changes to Virginia UM/UIM Law

Virginia has made changes to its underinsured motorist law that will take effect on July 1, 2015. The changes come with the addition of Va. Code § 8.01-66.1:1, and with amendments to Va. Code § 38.2-2206. The major impact of these changes is that they shift the burden of defending a suit to the underinsured motorist […]

 

And the Defense Wins

In Banner Life Insurance Co. v. Jacqueline L. Noel, 2013 U.S. App. LEXIS 1539 (4th Cir. 2013), aff’g 861 F. Supp. 2d 701 (E.D. Va. 2012), the U.S. Court of Appeals for the Fourth Circuit recently affirmed the district court’s granting of Banner’s motion for summary judgment limiting its obligations to return of the premium […]

 

The Most Plaintiff-Friendly Jurisdiction in Virginia?

     Among liability defense counsel and those in the liability insurance industry, the City of Richmond has a long standing, widely-held reputation as one of the most plaintiff-friendly jurisdiction in Virginia, with a higher likelihood of jurors finding liability and awarding a big judgment. However, the Virginia Lawyers Weekly published the results of their annual […]

 

Preserving a UM/UIM Carrier’s Right to Defend

[ed. note: THE INFORMATION IN THE ARTICLE BELOW DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. AS ALWAYS, THE RESULTS WE HAVE ACHIEVED DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. BECAUSE EACH MATTER IS DIFFERENT, OUR PAST RESULTS CANNOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE.] By:  Ian […]

 

Supreme Court of Virginia Grants Cert in Respondeat Superior Case

  Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a case out of Portsmouth Circuit Court, Westermann v. Bermisa M.D. (Va. Lawyers Weekly subscription needed) […]

 

Yes Virginia, There is an Assumption of the Risk Doctrine

By: Terrence L. Graves In a recent decision from the United States District Court for the Eastern District of Virginia – Alexandria Division, summary judgment was granted to a defendant based upon the assumption of the risk of the plaintiff.  In the case of Raymond S. Burns, Jr. v. Washington Metropolitan Area Transit Authority, decided […]

 

Itemized Damages Permitted in Closing Arguments

Author:  Sarah Warren Beverly In an opinion that the Virginia Supreme Court handed down in March of this year, Justice Powell, writing for the majority, held that counsel for the plaintiff, in his closing argument, was permitted to assign a fixed dollar amount for each element of damages sought. Wakole v. Barber, 283 Va. 488, […]

 

The Western District permits evidence of future lost earning capacity of a minor

An interesting article by Sarah Warren Beverly, a Sands Anderson litigation attorney, analyzing a recent federal court decision from Judge Jones that addresses a minor’s ability to claim loss of earning capacity as a component of damages: The plaintiff bears the burden to prove his or her damages with “reasonable certainty.” Gwaltney v. Reed, 196 Va. 505, 507, 84 […]

 

Bar Issues Opinion That Indemnification As Condition of Settlement Is Unethical

The Virginia State Bar’s Standing Committee in Legal Ethics recently issued a legal ethics opinion declaring it unethical for plaintiff’s lawyers to agree to indemnify a defendant and/or his insurer for any third party lien claim against settlement proceeds received by the plaintiff. The Standing Committee has opined that it is likewise unethical for the […]