Driver’s umbrella policy provides UIM coverage

Intersection collision kills father and son in Henrico – $3,000,000 Verdict

By Virginia Lawyers Weekly
Published: April 18, 2011
Tags: Henrico County Circuit Court, Judge Lee A. Harris Jr., Million-Dollar Verdicts, Wrongful Death

The 52-year-old decedent was involved in a two-vehicle collision on Laburnum Avenue in Henrico County on March 3, 2009. Shortly before trial, the defendant admitted liability. At a failed mediation, the only offer was $700,000. There were no additional negotiations. During closing argument, defense counsel told the jury his client felt that $1,000,000 would be [...]

Juries defy cliche of anti-immigrant bias

By Alan Cooper
Published: April 15, 2011
Tags: Henrico County Circuit Court, Immigration, Medical Malpractice, Million-Dollar Verdicts, Prince William Circuit Court, Wrongful Death

Your plaintiff is the family of a Mexican national from North Carolina, killed in an auto accident, and you’re stuck with a Virginia jurisdiction with a reputation for conservative jurors. If those circumstances sound daunting, consider a second case. Your 5 1/2-year-old plaintiff with a severe brachial plexus injury is the son of a Mexican [...]

Plaintiff Gets $2M UIM from Umbrella Policy

By Deborah Elkins
Published: April 13, 2011
Tags: Henrico County Circuit Court, Insurance, Judge Gary Hicks, Virginia Circuit Courts

An endorsement in a policyholder’s Executive Umbrella Insurance Policy is ambiguous, and an Henrico Circuit Court construes the endorsement in favor of the policyholder who was injured in an auto accident, to provide $2 million in underinsured motorist coverage. In an earlier opinion, this court ruled plaintiff’s umbrella policy does provide UIM coverage under an [...]

Umbrella becomes UIM: Man gets full policy limits

By Peter Vieth
Published: April 6, 2011
Tags: Henrico County Circuit Court, Insurance, Judge Gary Hicks, Personal Injury

An injured motor vehicle passenger learned last November that he could get underinsured motorist coverage from his umbrella liability policy in a rare policy interpretation. This month he learned how much he could recover: he gets to tap the full limits of the umbrella policy, under a ruling from a Henrico County circuit judge. The [...]

Recusal can be a touchy moment for a lawyer

By Alan Cooper
Published: February 28, 2011
Tags: Colonial Heights Circuit Court, Fairfax County Circuit Court, General District Courts, Henrico County Circuit Court, Judge Jane Marum Roush, Judge Lee A. Harris Jr., Judge Timothy J. Hauler, Judge William N. Alexander II, Justice Elizabeth B. Lacy, Justice S. Bernard Goodwyn, Supreme Court of Virginia News, Virginia Court of Appeals News

It can be a ticklish and touchy moment for a lawyer: the judge in a case has a conflict and needs to pass the file to a colleague. But whether, and how, to ask a judge to recuse herself can be a major source of heartburn. As it turns out, judges are much more likely [...]

Custody evaluations: Does court-appointed expert get the last word?

By Deborah Elkins
Published: January 31, 2011
Tags: Domestic Relations, Henrico County Circuit Court, Virginia Court of Appeals News

When a lawyer in a custody case gets an “absolutely killing” report from a court-appointed evaluator, there are two options. First, you can “surrender,” family law practitioner Michael S. Ewing said at the Henrico County Bar Association’s Bench-Bar program on Jan. 26. And that’s “often the best option,” he said. But you don’t have to [...]

Vehicle hits pedestrian at intersection – Defense Verdict

By Virginia Lawyers Weekly
Published: December 27, 2010
Tags: Henrico County Circuit Court, Judge Gary Hicks

Plaintiff was crossing the street at night in a dimly lit area with no traffic controls when he was struck by defendant’s vehicle. There was a better lit and traffic light controlled intersection 200 feet away. Plaintiff was wearing dark clothes. Plaintiff looked left, saw headlights approaching, looked right, and looked left again and saw [...]

Brain injury ends career of government contractor – $4,300,000 Settlement

By Virginia Lawyers Weekly
Published: December 27, 2010
Tags: Henrico County Circuit Court, Million-Dollar Settlements

Plaintiff was injured in a motor vehicle accident. Liability was vigorously disputed. Plaintiff suffered a severe traumatic brain injury. He underwent a partial frontal lobectomy after four weeks in a medically induced coma. The plaintiff’s personality and cognitive abilities were greatly affected by the accident. The plaintiff was a 20-year Air Force veteran and government [...]

Insurance – UIM Coverage – Auto Liability – Umbrella Policy

By Deborah Elkins
Published: November 19, 2010
Tags: Henrico County Circuit Court, Insurance, Judge Gary Hicks, Virginia Circuit Courts

A man who was injured when his vehicle was struck by another vehicle that failed to yield the right-of-way has UIM coverage under both his auto liability policy and his umbrella policy provided by the same company, says an Henrico County Circuit Court. The carrier, Auto-Owners, brought a declaratory judgment action that it has no [...]