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Tag Archives: Virginia Circuit Courts

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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Support Change Clause Not ‘Self-Executing’ (access required)

A 1999 property settlement agreement stating husband could reduce his monthly child support from $1,500 to $1,050 per month if, “through no fault” of his, he lost his supplemental income as a consultant, was not self-executing, and the husband owes ...

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Sanctions Ordered for ‘Frivolous’ Contract Claim (access required)

An employer who was hurt and suspicious when he discovered defendant employee had formed a separate company working with two other employees, did not have a good faith basis for suing the former employee on conversion and trade secret claims, ...

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Rental Agreement Indemnity Clause ‘Unconscionable’ (access required)

A pre-drafted form rental agreement that required a tenant to indemnify the landlord for damages caused by the landlord’s negligence is a contract of adhesion and unenforceable under the Virginia Residential Landlord & Tenant Act, and a Roanoke County Circuit ...

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Agency Was ‘Arbitrary’ in Pulling Medicaid Pay (access required)

A decision by the Virginia Department of Medical Assistance Services retracting $190,111.71 in payment from plaintiff Sentara Medical Equipment for provision of enteral nutrition supplements to Virginia Medicaid beneficiaries is reversed; the Norfolk Circuit Court says the agency’s interpretation of ...

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Reduced Share for Beneficiary Interference (access required)

The Norfolk Circuit Court upholds a commissioner’s finding that a beneficiary’s distribution from an estate will be reduced because of her substantial interference with efficient administration of the estate. Cleo Eppes died on March 18, 2007, and left two surviving ...

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