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Default judgment entered in interpleader suit
Where an insurer filed an interpleader suit over more than $114,000 in disputed life insurance proceeds, and one of the defendants failed to respond to the complaint despite being properly served, default judgment was entered against the nonresponding defendant. Background Minnesota Life Insurance Company filed this interpleader action because of a dispute over life insurance […]
Reimbursement of fees, expenses denied
Where an insurer filed an interpleader action over disputed life insurance proceeds, its motion seeking reimbursement of its costs and expenses was denied because they were incurred in the ordinary course of business. Background Pending before the court in this interpleader action is a motion filed by plaintiff Minnesota Life Insurance Company. Plaintiff requests that […]
Unmarketable title case headed to jury
Robust litigation will proceed to a jury trial on damages in December after the Eastern District of Virginia found a title insurer was liable for breaching its policy by denying a landowner’s claim that unclear property descriptions created an unmarketable title and stymied a sale.
Mutual insurance company is ‘corporation’ for diversity
The Eastern District of Virginia has found that a mutual insurance company was a Michigan corporation and refused to remand the case after the insured plaintiff argued that his membership in the company destroyed diversity jurisdiction.
Title insurer liable for covered loss
Where an insured alleged an insurer breached the title policy by failing to pay for covered losses, and at least one of the “Covered Risks” was triggered by the underlying facts and not precluded by an exclusion, the insured’s motion for summary judgment was granted. Background This is a breach of contract case arising from […]
Mutual company is ‘corporation’ for diversity
Where an insured argued the defendant was a mutual company of which he is a member, thus destroying diversity jurisdiction and requiring remand of the removed case to state court, his argument was rejected. The defendant was a corporation for purposes of determining diversity of citizenship. Background 110 South Perry LLC operates a residential building […]
Homeowners’ bad faith claim is dismissed
Where homeowners alleged that their insurance carrier acted in bad faith in denying a claim, but they failed to provide any information as to what common law duty arose outside of the contractual obligations of the parties, this claim was dismissed. Background Liberty Insurance Corporation issued a homeowners insurance contract to Nannie and Preston Talley. […]
Landlord’s insurer can’t recover from building tenant
A bank tenant saw its motion to dismiss an indemnification claim granted by a federal court after it determined the tenant was not liable for elevator maintenance in the building.
Court dismisses coverage suit over wrongful death
Where an insurance carrier sought a declaratory judgment that it owed no duty in connection with a wrongful death suit pending in the circuit court, but overlapping issues of fact or law might create unnecessary “entanglement” between the state and federal courts, the suit was dismissed. Background This case arises from a dispute over insurance […]
Untimely lawsuit allowed to proceed
Where a company failed to file a lawsuit against its carrier within the statute of limitations, but it alleged that it would have filed suit earlier if not for the intentional misrepresentation of the carrier’s agent, it set forth sufficient factual allegations to support equitable estoppel. Background On Nov. 9, 2022, Entrepraneur [sic] Dream Team […]
Parties realigned in coverage dispute
Where a man sued various defendants for personal injuries he allegedly suffered in an accident, the insurance carrier maintained it had no duty to defend or indemnify the defendants, and the man commenced this coverage action, the defendants were realigned as plaintiffs because they all would benefit from a finding that the carrier has an […]
Carriers dodge claims by disgruntled insured
Where a man alleged his automobile insurance carriers acted with ill-intent in refusing to settle an insurance claim for the full cost of the repairs to his vehicle, but his fraud, negligence and bad faith claims failed as a matter of law, the suit was dismissed. Background Edward M. Call, who was in a collision […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
