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Personal Injury

Carrier Must Pay UIM Offered By Mistake (access required)

Although plaintiff’s insurance carrier mistakenly offered underinsured motorist coverage policy limits, the carrier nevertheless is bound by its offer of $25,000 UIM policy limits, in addition to the $100,000 liability coverage offered by defendant in the underlying auto accident case, ...

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Economic Loss Rule Bars ‘Trimboard’ Suit (access required)

The 4th Circuit upholds dismissal of a putative class action complaint filed by plaintiff homeowners alleging defendant Louisiana-Pacific Corporation negligently designed and manufactured Trimboard, a composite building product used for exterior trim in homes plaintiffs purchased. The district court dismissed ...

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Exclusions Bar Homeowner Coverage for Chinese Drywall (access required)

A policyholder who sought homeowners’ insurance coverage for damages allegedly caused by drywall manufactured in China loses his suit in the Supreme Court of Virginia, as the court construes four exclusions, including “defective materials” and “pollutants” exclusions, to preclude coverage. ...

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Increased Damages OK, New Defendants Barred (access required)

A nonsuited personal injury suit refiled as a wrongful death suit with additional defendants and an increased ad damnum may seek additional damages, but the claims against the additional defendants are time-barred, the Norfolk Circuit Court says. Defendants raise two ...

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Third-Party Complaint Allowed in ‘Firepot’ Case (access required)

In a plaintiff’s products liability suit alleging injuries from use of a “firepot” and “FIREGEL” sold at national housewares chain store, the Roanoke U.S. District Court grants the chain’s motion to file a third-party complaint against companies that produced and ...

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