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Tag Archives: Insurance

Claims against insurance carrier were contract matter (access required)

The court held that, to the extent the defendants failed to pay plaintiffs for covered damages, the claims sounded in contract, and could not be pursued in tort pursuant to Virginia’s “economic loss rule.” Background Plaintiffs Danville Commercial Industrial Storage ...

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Man who lost house in fire prevails in suit against carrier over application – $211,700 Verdict (access required)

Plaintiff’s home and its contents were completely destroyed by a house fire on June 15, 2017. He had purchased homeowners insurance from Windsor in 2014, including full replacement cost coverage. Plaintiff, who worked as a logger, submitted the claim to ...

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Jury finds no written contract with insurance agent – Defense verdict (access required)

Plaintiff’s house burned down. The homeowner’s carrier denied the claim for a material misrepresentation in the application. Plaintiff denied a bankruptcy in the application. Plaintiff had filed for bankruptcy on Sept. 14, 2014. Plaintiff filled out the homeowner’s application on ...

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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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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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