Archive for the ‘insurance law’ Category

Virginia Supreme Court Rules on UM Carriers’ Duty to Settle Prior to Judgment

Recently, in Ebenezer Manu v. GEICO Casualty Company, the Supreme Court of Virginia clarified the issue of when an insurance provider has a duty to offer a good faith settlement to its insured when the accident was the fault of an uninsured motorist (UM).   Manu was a passenger in a motor vehicle accident caused by […]

 

Virginia Supreme Court Considers Evidence Necessary to Get Gross Negligence Case to a Jury

Recently, the Virginia Supreme Court issued an opinion in the case of Elliott, Administrator of the Estate of Smith v. Carter.  The opinion was authored by Justice Goodwyn and flowed from an appeal of a case that was originally dealt with in the Circuit Court for Richmond County. The case came out of the tragic […]

 

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 […]

 

Insurance Coverage Under a CGL for Construction Defect Claims

By: Henry Spalding In my law practice, I am frequently called upon, at different times, to represent both builders and their insurance carriers in construction defect lawsuits.  Whether such claims are covered under a commercial general liability (“CGL”) policy raises a number of complicated questions.  This article will focus on some of the more common […]

 

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) […]

 

DRI Recognizes Delano Victory

THE INFORMATION CONTAINED IN OUR WEB SITE DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. OF COURSE, 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. The Voice, the house […]