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Tag Archives: Insurance

Plaintiffs may amend complaint to name correct corporate entity (access required)

Where the plaintiffs seeking coverage for the fire damage to their home failed to name the correct defendant within the time required, because the proper entity within the corporate family had notice of the suit and would not suffer prejudice, ...

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COVID-related spa closure could trigger ‘all risk’ coverage (access required)

Where an “all risk” policy included accidental or fortuitous “direct physical loss[es],” and it is plausible that a fortuitous “direct physical loss” could mean the property is uninhabitable, inaccessible or dangerous because of intangible or nonstructural sources, a spa that ...

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Valley lawyer charged with $800K insurance fraud (access required)

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A Luray attorney and his wife are accused of collecting thousands of dollars in long-term care insurance benefits they did not deserve, leading to both criminal and civil fraud actions. Stephen J. Kaufmann, his wife and a nonprofit he formed ...

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Coverage dispute over unlicensed psychologist proceeds (access required)

Where the carrier sought a declaration it had no duty to defend multiple underlying suits arising out of the insured’s retention of an unlicensed psychologist to treat patients because of misrepresentations made in the application, that claim could proceed. However, ...

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Reservation of rights letter did not create conflict (access required)

Where the insurance carrier appointed an attorney to defend its insured against personal injury claims, but then issued a reservation of rights letter, there was no conflict because the insured and carrier had a common interest in proving the plaintiff ...

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Lloyd’s syndicates treated like limited partnerships (access required)

Although the Fourth Circuit has not addressed whether a Lloyd’s syndicate is more like a trust or a limited partnership, this court follows the approach adopted by five circuits, which treats the syndicates like limited partnerships. As such, defendants were ...

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Insurer had no duty under policy rescinded before accident (access required)

Where the automobile policy was effectively rescinded because the insured failed to pay the policy premium and ignored follow-up letters, the carrier had no duty with respect to a subsequent car accident. Background Plaintiff sought a declaration that it does ...

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