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Insurance – Court refuses to stay coverage suit
Selective Insurance's motion to stay a coverage suit against EOS Surfaces was denied by the Eastern District of Virginia, emphasizing federal jurisdiction and Virginia law.
Insurance: Companies squabble over who must defend underlying lawsuit
Where two insurance companies argued who must defend a lawsuit filed by a testing laboratory, the court resolved the dispute.
Insurance: Coverage suit for construction damages is dismissed
Where a general contractor sued its insurers over coverage for damages in connection with a construction project gone awry, but its first amended complaint failed to state a claim, there was no basis to reconsider the dismissal and the proposed amendment would be futile, the suit was dismissed.
Release voided; case settles for 100 times original offer — $300,000 settlement
This was a rear-end impact case with minimal property damage. The defendant’s insurance carrier immediately reached out to the plaintiff, before she retained any counsel, and got her to sign a release with them for $500 in general damages and $2,500 for future medical bills.
Insurance: Insurer prevails in suit over erroneous payment to beneficiary
Where a life insurance company mistakenly made duplicate $230,674.56 payments to a beneficiary, and the beneficiary refused to return the second (incorrect) payment, the company prevailed on its claims for unjust enrichment, conversion and money had and received.
Insurance: Court lacks jurisdiction over declaratory judgment
Where an insurance carrier sought a declaration that its policy did not respond to an underlying suit, but the amount in controversy was less than $75,000, the suit was dismissed.
Insurance: West Virginia court clarifies scope of UIM coverage
Where West Virginia Code § 33-6-31 does not require an insurer who issues a commercial automobile insurance policy to a named insured providing liability coverage for particular owned vehicles and a class of non-owned vehicles to offer underinsured motorist coverage for the class of non-owned vehicles, a passenger’s claim for UIM coverage was denied.
Arbitration: Coverage dispute headed to arbitration
Although federal courts have interpreted a Virginia statute to “void mandatory arbitration provisions in insurance contracts,” the non-binding provision here is enforceable because it does not deprive the courts of jurisdiction and provides that any arbitration decision is appealable to a “court of competent jurisdiction.”
Insurance: Carrier avoids uninsurance motorist coverage claim
Where Texas law does not require UM/UIM coverage for non-owned vehicles in the absence of a written rejection, the carrier had not duty to provide coverage for the plaintiff’s accident.
Insurance: Policyholder alleges carrier breached multiple duties
Where a policyholder alleged its carrier breached its contractual obligations to defend, indemnify and deal in good faith with the policyholder during its defense the underlying matter, but the underlying matter remains pending before the administrative agency, the suit was dismissed as premature.
Insurance: Record supports denial of short-term disability benefits
Where the record supported the insurer’s denial of short-term disability benefits, it was affirmed.
Panel rejects class certification in collision suit
The 4th Circuit reversed class certification in a lawsuit claiming Progressive underpaid totaled vehicle claims using “projected sold adjustments.”
Verdicts & Settlements
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
Opinion Digests
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
- Negligence – Release doesn’t bar rider’s negligence claim against horse owner
- Bankruptcy – Motion to reinstate Chapter 7 petition previously dismissed by court is denied
- Wills and trusts – Court applied incorrect statute of limitations to breach of trust claims
- Administrative – Doctor’s attacks on license suspension order fails
- Habeas Corpus – Petition attacking military court martial is dismissed
- Parent and Child – Stepmother awarded custody of stepchildren over father’s objection
