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Author Archives: Paul Fletcher

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Statute Mandating Arbitration Struck (access required)

A statute requiring insurance companies to arbitrate disputed property claims between companies is unconstitutional, a Roanoke Circuit judge has ruled. Given the large number of auto property damage disputes between insurers, the statute, adopted in 1994, provided a way to ...

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A Breakthrough On Bad Faith (access required)

The Supreme Court of Virginia upheld a bad-faith finding against an insurance company for the first time on Jan. 14. The company fought payment of a boy’s bills from a chiropractor. A Richmond jury found in the boy’s favor on ...

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Issues To Watch In The Assembly Session (access required)

After more than a century of subservience to the Democrats, Republicans have complete control of Virginia’s General Assembly. The 2000 legislative session opened last Wednesday. How the GOP wields its newfound power will determine how effectively the state spends its ...

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Mandatory Arbitration Pact Is Unenforceable (access required)

Where a customer signed a retail sales contract for a mobile home, then a separate document entitled, “Arbitration Agreement,” the mobile home dealer cannot invoke a mandatory arbitration clause in the latter document, a federal magistrate judge in Harrisonburg has ...

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Speeding + Drinking Wasn't HO Endangerment (access required)

Even though a habitual offender was alledgedly speeding and had been drinking, those facts alone were not enough to support a felony conviction for habitual offender endangerment, the Court of Appeals of Virginia has ruled. The appellate court reversed the ...

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