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Author Archives: Harrison Osborne

Rental car company needn't supply liability insurance (access required)

A self-insured car rental company had no obligation to provide liability coverage for a driver renting one of its cars, a Chesterfield County circuit judge has ruled. Before this decision, some insurance law experts believed that a Virginia statute might ...

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Practice Tips: Go behind offender's DMV file (access required)

Even though a man’s driving record showed he had one drunken driving conviction and two convictions for driving on a suspended license, he could not be adjudicated an habitual offender, a Prince George circuit judge has ruled. The reason: a ...

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Major revisions to custody and visitation laws proposed (access required)

Virginia’s custody and visitation laws would change dramatically if the General Assembly passes a package of bills introduced last week. The five measures address issues of “fairness” raised by fathers’ rights groups. One bill would create a rebuttable presumption in ...

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Man was illegally seized when ordered to sit in car (access required)

When a uniformed police officer repeatedly told a man to stay in a parked car although the officer had no reason to believe a crime had been committed, the officer committed an illegal seizure, the Virginia Court of Appeals has ...

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Doubling liability coverage doesn't affect UM benefits (access required)

A driver could not make a claim against his employer’s uninsured motorist coverage on the grounds that the employer’s increase in coverage created a new policy, the 4th U.S. Circuit Court of Appeals has ruled in an unpublished per curiam ...

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Family court bill goes before General Assembly (access required)

The fight for a new system of Family Courts has begun in earnest. After much study and discussion, the long-awaited enabling legislation for the family court is expected to be introduced to the General Assembly today. If passed, the measure ...

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Providing further goods won't save mechanic's lien (access required)

A supplier could not revive its stale liens by providing additional materials to a developer to replace lost and stolen items, the Virginia Supreme Court has ruled in a matter of first impression. The high court ruled that the provision ...

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Mechanic's lien agent can't defend against lien claims (access required)

A lawyer may not ethically serve as a mechanic’s lien agent for a real estate project and then to defend against one of the liens thus filed, according to the Virginia State Bar’s Standing Committee on Legal Ethics. In Legal ...

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Wife not liable when spouse shoots man with her rifle (access required)

The Virginia Supreme Court has set aside a $25,000 verdict for negligent entrustment entered against a woman whose husband took her rifle and shot a man who had accidently strayed onto their property. The high court held that the wife’s ...

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18% interest awarded to lien claimant (access required)

The issue of lien revival was not the only question the Virginia Supreme Court decided in American Standard Homes Corp. v. Reinecke (VLW 093-6-018). On two additional issues of first impression, the high court ruled that a materialman can recover ...

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