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Author Archives: Deborah Elkins

Insurance – Policy Coverage – CGL – Duty To Defend – Asbestos Cases (access required)

In this litigation involving apportionment of Travelers’ duty to defend Alfa Laval under a CGL policy against 1,200 lawsuits relating to asbestos injury, in proportion to the duty to defend of at least six other insurance companies, a Richmond U.S. ...

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Civil Procedure – Necessary Parties – Loan Fraud (access required)

Plaintiffs, two non-English speaking foreign-born U.S. residents who allege defendants, without their consent, submitted false loan applications to refinance property that doubled one plaintiff’s actual income, leading to their default on the loans and foreclosure on their property, have their ...

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Insurance – Policy Coverage – Homeowners – Chinese Drywall – Exclusions (access required)

A homeowner suffered a “direct physical loss” from the use of defective Chinese drywall in the construction of his home, but he has no coverage for the loss under his homeowner’s policy, says a Norfolk U.S. District Court, as four ...

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Intellectual Property – Copyright – Architectural Drawings – Hotel Renovation (access required)

An architectural firm hired to produce drawings for a project to restore Richmond’s John Marshall Hotel, based on earlier drawings and renovations from 1928, 1955, 1962 and 1978, can try its claim that a second architectural firm on the project, ...

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Real Estate – Fraud – Construction Project (access required)

A Norfolk Circuit Court dismisses plaintiff’s suit alleging loan and renovations fraud, as plaintiff has failed to allege the requisite elements of a claim for fraud. This matter is before the court on demurrer of defendants Cornerstone Investment Funding (CIF) ...

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Domestic Relations – Military Retirement Pay – Incarcerated Husband – GAL (access required)

Although an incarcerated husband claims deficiencies in notice to him and problems with the guardian ad litem who represented him should allow him to overturn a court order requiring him to pay wife $13,000 in arrears for her share of ...

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Domestic Relations – Incarcerated Dad – Visitation (access required)

The Court of Appeals says the trial court did not err in denying transportation for an incarcerated father who was challenging wife’s exercise of her discretion to deny visitation while he was incarcerated; the trial court’s determination that the father’s ...

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