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Tag Archives: Insurance

Policy covers damage from concrete “smoke” (access required)

Under Virginia law, “smoke” composed of suspended particulate matter caused by concrete dust qualified for an exception to the “pollution exclusion” in the insured company’s policy. Background In this insurance coverage dispute, Plaintiff Allied Property & Casualty Insurance Co. and ...

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Misrepresentations void policy for airplane damage (access required)

A policy covering the defendant’s airplane was void ab initio based on his false statements about the status and location of the plane. He’d sought last-minute coverage for his already-dilapidated plane as Hurricane Matthew approached, then filed a claim for ...

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Policy covers damage from concrete “smoke” (access required)

Under Virginia law, “smoke” composed of suspended particulate matter caused by concrete dust qualified for an exception to the “pollution exclusion” in the insured company’s policy. Background In this insurance coverage dispute, Plaintiff Allied Property & Casualty Insurance Co. and ...

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Allstate offers limits to man shot in head by friend – $300,000 Verdict (access required)

The plaintiff in this case was negligently shot by a friend who was playing with a handgun. The victim was airlifted to INOVA Fairfax Hospital. The shooter pled guilty to the reckless handling of a firearm in violation of Virginia ...

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4th Cir.: Each wrongly fired officer was a distinct insurance claim (access required)

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

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Va. Cir.: Carrier has no lien on claimant’s third-party settlement (access required)

A workers’ compensation carrier has no lien for a negotiated lump-sum settlement of a claimant›s future benefits in a tort action against a third party. Under Noblin v. Randolf Corp., 180 Va. 345 (1942), and Slusher v. Paramount Warrior, 336 F. Supp. ...

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EDVA: Vandalized hotel can try denied insurance claim (access required)

Genuine disputes of material fact precluded summary judgment as to whether an insurance company improperly denied coverage for property damage after vandals cut a water line in a hotel undergoing renovations. The insurer claimed that the hotel owners had misrepresented ...

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4th Cir.: Insurer has no duty to defend Love murder defendant (access required)

This litigation arises out of the tragic death of Yeardley Love, a University of Virginia student who died in 2010. Another student, George Huguely, was convicted of her murder. His petition for a writ of habeas corpus is pending. Yeardley’s mother, ...

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4th Cir.: Insurers owed no duty to solicit supporting documents (access required)

A life insurance company was under no fiduciary duty to solicit required additional materials from the insured party in order to approve his coverage level, even though his employer had been deducting premium payments for the unapproved amount. Background Steven ...

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