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Judge Robert E. Payne of the United States District Court for the Eastern District of Virginia, Richmond Division, denied a motion to dismiss based on the statute of limitations filed by property carrier First Liberty against its insured. John Rasmussen of the Insurance Recovery Law Group, PLC, defended the insured against that motion, which addressed an issue of first impression under Virginia insurance and procedural law.
A two-year statute applies to property insurance claims in Virginia. The insured filed a lawsuit seeking money damages and declaratory relief for a fire, but more than two years after it happened. The insured, however, had earlier filed and nonsuited an action to appoint an appraisal umpire in Hanover Circuit Court. And she refiled the damages claim within six months of that nonsuit.
This issue has received significant attention recently, after a Virginia Circuit Court judge did not apply the tolling statute to a second suit because it sought a different amount of damages. As noted above, this decision rejected that approach.
As recently reported in the Virginia Lawyers' Weekly, the Insurance Recovery Law Group, PLC (along with co-counsel CantorArkema) prevailed on summary judgment argument in the United States District Court for the Eastern District of Virginia, securing a ruling in Jefferson v. Harco National Ins. Co. that Harco National owed the...
The Virginia Supreme Court's opinion in Virginia Farm Bureau Mutual Insurance Co. v. Williams (Record 81900), issued June 4, 2009, brings sweeping change to uninsured motorist coverage law in Virginia. It does so by potentially increasing the amount of UM coverage available for an injured insured if more than one auto is on the same policy. Beyond that more obvious issue, which has already been reported in Virginia Lawyer's Weekly, the Williams opinion also addresses two other points that help insureds in coverage disputes with their carriers.
In a unanimous decision, the Virginia Supreme Court agreed with the firm, reversed a trial court's ruling, and found $500,000 in insurance coverage for a client hit and hurt by another driver who crossed the median on Interstate 295.In its April 17, 2009 opinion, the state's high court adopted the...
The Insurance Recovery Law Group has briefed an appeal to be heard before the Virginia Supreme Court on February 24, 2009.The case addresses two core issues: (1) whether a statute that excludes auto dealers from Virginia's liability insurance requirements also applies to state-mandated uninsured-underinsured motorist ("UM") coverage? and (2) how...
Insurance companies often ask for details or interviews when investigating a claim. Often, such requests seek information that may affect whether or not a claim is covered under your policy – whether it is an auto, homeowners, or property loss. Your response – or failure to completely respond – can affect your coverage, so be careful.
Although the limits may be lower, medical payments coverage ("medpay") can help when you are hurt by a car. At least in Virginia, where the law make it part of every policy, it pays without regard to fault. Coverage instead hinges on the person hurt and the person's...
Uninsured motorist ("UM") coverage involves some of the more complex auto insurance issues. States usually require that every policy have at least some UM coverage, and they often strictly regulates the terms. If a policy does not comply with the terms, those terms required by state law apply instead. Below,...
Auto liability insurance -- the basics Below you can find the core qualities of your auto liability coverage: (1) who might be covered; (2) what triggers your coverage; (3) how your insurer must help you with covered claims; and (4) how much it might have to pay...
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