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Tag Archives: Insurance

Resolving duty to indemnify claim would interfere with underlying suit (access required)

Where liability has not yet been determined in the underlying wrongful death suit stemming from a fatal car accident, an insurer’s declaratory judgment action seeking a determination on the duty to indemnify was dismissed because of Article III concerns. However, ...

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False Claims Act suit triggers ‘medical incident’ coverage (access required)

Where the policy covers “damages resulting from a claim arising out of a medical incident,” a false claims act suit alleging billing for services that were not rendered was within the scope of coverage because the “failure to render” services ...

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No duty to defend insureds in faulty construction lawsuits (access required)

Where lawsuits brought against the insureds alleging shoddy construction of townhouses were “replete” with allegations of intentional conduct, that conduct is neither an “occurrence” nor an “accident,” so the insurer’s duty-t0-defend was not triggered. Allegations of negligent conduct were unsupported by ...

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Subrogation waiver does not apply to condo owner’s tenant (access required)

Where a condominium association’s insurer waived subrogation against additional insureds, this waiver did not extend to an individual unit owner’s tenant. Facts Sailsman was an individual unit owner in the Chimney Hill Condominium Association. He leased his unit to Alba. ...

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Virginia firm helps score $40.5M class action settlement (access required)

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A Richmond-based law firm is part of a legal team that won a $40.5 million settlement against insurance companies accused of improperly jacking up premiums for existing life insurance policies. Geoff McDonald & Associates and three other firms represented policyholders ...

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Malpractice, negligence counterclaims fail under Virginia law (access required)

A policyholder could not allege its insurer was liable for professional malpractice through the actions of defense counsel because that claim is not recognized under Virginia law. To the extent the policyholder alleged the carrier was negligent, because that claim ...

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Shut down and shut out: Businesses seek insurance coverage for COVID losses (access required)

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Many businesses that shuttered because of the COVID-19 pandemic expected their business interruption insurance would provide some financial relief. But lawyers and insurance experts say it will be an uphill battle to obtain benefits without showing unusual circumstances. At least ...

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Mixing of materials in tank, not land, dooms coverage claim (access required)

Where plastic pellets were mixed with a “chip-like material” erroneously left in the insured’s tank trailers, that event fell outside the “pollution condition” coverage in the policy. The mixing did not involve some type of movement, and did not occur ...

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Radiologist not entitled to long-term disability benefits (access required)

Although a radiologist argued the long-term disability provider erred in interpreting the policy’s definition of disability, he failed to carry his burden of demonstrating an abuse of discretion because the provider’s interpretation was not unreasonable. Background In this action brought ...

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