Real Estate – Conservation Easement – Merger Doctrine 
By Deborah Elkins
Published: February 15, 2010
Tags: Fauquier County Circuit Court, Judge Jeffrey W. Parker, Real Estate, Virginia Circuit Courts
A Fauquier County Circuit Court overrules a plea in bar asserting that the grantor of a conservation easement had the legal inability under the doctrine of merger to create this easement, as Virginia law on easements in gross has changed and such easements are not subject to the typical common law analysis of merger. This [...]
Administrative – DMV Hearing – Dealer v. Garage – Warranty Work Charge-Backs
By Deborah Elkins
Published: February 15, 2010
Tags: Administrative, Fauquier County Circuit Court, Judge Jeffrey W. Parker, Virginia Circuit Courts
A garage that did warranty work under a contract with a dealer faces a remand to the Commissioner of Motor Vehicles on the dealer’s demand for charge-backs on warranty work after it made a “secret shop call” and alleged the garage was charging it $102 an hour, and other customers $90 an hour; a Fauquier [...]
Insurance – Dog Bite – Notice Of Claim
By Deborah Elkins
Published: January 4, 2010
Tags: Fauquier County Circuit Court, Insurance, Judge Jeffrey W. Parker
A young lady bitten by a dog in defendant’s home in 2005, who suffered one small puncture wound, with no bleeding, and who was released from the emergency room and made no further complaint to defendant, did not provide a basis for defendant to notify plaintiff carrier of a claim on the insurance policy, and [...]
Notice to insurer timely, despite three-year delay – Defense Verdict
By Virginia Lawyers Weekly
Published: January 4, 2010
Tags: Fauquier County Circuit Court, Insurance, Judge Jeffrey W. Parker
A dog owned by defendant Christopher Frederick bit a visitor to the house where he lived with his parents. The alleged victim did not sue until two years later, and she did not serve the suit until just over 11 months after that. The insureds notified their homeowners’ carrier, State Farm, immediately after they were [...]
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