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Personal Injury

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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Interview With Carrier Is Protected Work Product (access required)

A plaintiff’s assertion that defendant driver pleaded guilty to a traffic infraction but now contests liability in this auto-accident personal injury suit has not shown a substantial need to obtain a copy of the transcript or tape of defendant’s interview ...

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Reponses ‘Deemed Admitted’ in Discovery Dispute (access required)

A Richmond Circuit Court says certain allegations will be “deemed admitted” under Rules of Court because defendant’s discovery responses stated an attached exhibit of medical record “speaks for itself.” In this medical malpractice case, plaintiff’s complaint references 20 attached exhibits ...

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