The court joined its sister circuits in holding that, where a party obtains a judgment against an insured, and then sues that insured’s carrier, that second suit is not a “direct action” within meaning of 28 U.S.C. § 1332(c)(1). Furthermore, ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Albert Diaz

The manager of a Virginia Beach strip club who claims he was badly injured in a brawl with two unruly customers will get a chance to establish insurance coverage for his claim in federal court. U.S. District Judge M. Hannah ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District

Where insurance policies provided coverage for any organization other than a partnership or joint venture over which the insured had a majority interest in and the insured demonstrated that it had a majority financial interest in a company, the insurers ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Robert B. King

A coverage-extension provision in a commercial property insurance policy does not entitle the named insured to fire damage coverage for a building owned by the insured’s recently acquired subsidiary. The extension, which applies to newly acquired buildings, cannot be applied ...

Tagged with: Insurance Justice D. Arthur Kelsey Supreme Court of Virginia

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 ...

Tagged with: Insurance Judge Jackson L. Kiser U.S. District Court - Western District

The court granted summary judgment to an insurer, finding a family’s insurance policy excluded coverage for loss from mold, so even if mold was caused by water infiltration, the mold exclusion applied and coverage was barred. Background Defendant NGM Insurance ...

Tagged with: Insurance Judge James P. Jones U.S. District Court - Western District

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 ...

Tagged with: Contract Franklin County Circuit Court Insurance Judge Clyde H Perdue Jr. Verdict

An insurance company can stay in federal court after showing the cost of its duty to defend the plaintiffs, combined with its indemnity obligation, likely exceeded the jurisdictional minimum  of $75,000, and a motion to remand to state court is ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District

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 ...

Tagged with: Defense Verdict Franklin County Circuit Court Insurance Judge Clyde H Perdue Jr.

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 ...

Tagged with: Insurance Shenandoah County Circuit Court