No Consent to Tax on Flood Insurance Premiums

Changes Did Not Create ‘New’ Policy

By Deborah Elkins
Published: May 23, 2013
Tags: Insurance, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

A business auto liability policy at issue was a “renewal” and not a “new” policy, and the Norfolk Circuit Court rejects plaintiff’s claim that he had additional UIM coverage. Plaintiff has filed this declaratory judgment action seeking a determination that the amount of underinsured motorist coverage available to him under a business auto policy Ace [...]

Party Realignment Ordered in Coverage Suit

By Deborah Elkins
Published: May 23, 2013
Tags: Insurance, Judge Robert S. Ballou, U.S. District Court - Western District

In this suit seeking to determine coverage availability to Stephanie Brenner and Brenner Properties for injuries received by Tiffany Eve in a horse-riding accident on Feb. 27, 2010, the magistrate judge for the Roanoke U.S. District Court orders realignment of nominal defendants Stephanie Brenner and Tiffany Eve as plaintiffs and counter-defendants. Properties sought a declaratory [...]

Insurer wants out of civil suit against Huguely

By Dolan Media Newswires
Published: May 22, 2013
Tags: Charlottesville Circuit Court, Federal Courts, Insurance

George W. Huguely V, the former University of Virginia lacrosse player who was convicted in February 2012 of killing his former girlfriend, is being sued in Maryland federal court by his mother’s insurance company. Chartis Property Casualty Co., a New York-based member company of American International Group Inc., filed suit in U.S. District Court in [...]

No UM/UIM ‘Stacking’ for Policy Omission

By Sarah Rodriguez
Published: May 21, 2013
Tags: 4th U.S. Circuit Court of Appeals, Insurance, Judge Barbara Milano Keenan

Although an auto liability policy failed to specify any specific amount of uninsured/underinsured motorist coverage provided, that omission did not mean the policy terms prohibiting “stacking,” or combining coverage for multiple insured vehicles, were ambiguous under Virginia law and would allow stacking, and the 4th Circuit affirms the district court’s denial of additional coverage to [...]

Policy Exclusion for ‘BUI’ Damage

By Deborah Elkins
Published: May 15, 2013
Tags: Insurance, Judge Henry E. Hudson, U.S. District Court - Eastern District

An insurance company is not obligated to provide coverage to defendant yacht owner for damages after his boat collided with an anchored sailboat off the coast of Middlesex County and the owner was convicted of boating “under the influence.” The sailing vessel defendant owner struck, owned by Carol and Alan Herrie, sustained significant damage including [...]

Failure-to-Insure Claim Assignment is Valid

By Deborah Elkins
Published: May 15, 2013
Tags: Insurance, Judge Robert E. Payne, U.S. District Court - Eastern District

Plaintiff Cincinnati Insurance Company, as assignee of a claim against defendant insurance broker and his agency, may sue those defendants for failure to place property insurance on a property that was damaged by fire after the prior insurance had lapsed; the Richmond U.S. District Court says the assignment is valid. Defendants are broker John Ruch [...]

Hospitals must bill health insurance first

By Peter Vieth
Published: April 19, 2013
Tags: Bar Associations, General Assembly, Gov. Bob McDonnell, Insurance

Trial lawyers hope a new Virginia law will put an end to a hospital billing tactic that threatened to take a bite out of accident victims’ compensation. The General Assembly passed, and Gov. Bob McDonnell signed, a bill requiring hospitals to bill patients’ private health insurance, when available, rather than holding out for a larger [...]

Plywood Flying from Pickup Truck is ‘Auto Accident’

By Deborah Elkins
Published: April 5, 2013
Tags: Insurance, Judge Clifford R. Weckstein, Roanoke Circuit Court, Virginia Circuit Courts

A Roanoke City Circuit Court says two employees of a remodeling company were “using” a pickup truck under Virginia law when they loaded a piece of plywood into the truck bed, and auto liability policies of the truck owner and its driver provide coverage for injuries suffered by a pedestrian who was struck by the [...]

Interpleader Granted Pending ‘Slayer’ Decision

By Deborah Elkins
Published: March 20, 2013
Tags: Insurance, Judge Robert S. Ballou, U.S. District Court - Western District

In this dispute over life insurance benefits claimed by a man suspected of killing his wife, a Roanoke U.S. District Court Magistrate Judge recommends granting the insurance company’s motion for interpleader of the policy proceeds, pending a determination of whether the man is disqualified as a “slayer” under Virginia law from receiving insurance benefits. The [...]