Where a subcontractor sued a surety under the Virginia Little Miller Act, claiming it was a beneficiary under prime contractor’s payment bond, but a pending lawsuit between the prime contractor and subcontractor in Pennsylvania would likely resolve the surety’s liability, ...

Tagged with: Insurance Judge Thomas T. Cullen U.S. District Court - Western District

Where the insurance company filed an interpleader action to limit its liability in connection with suits brought against a convenience store arising out of the sale of alcohol to minors, the district court erred in dismissing the action. Because the ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge Paul V. Niemeyer

As businesses have suffered and shuttered over the course of the COVID-19 pandemic, countless contractual obligations have gone by the wayside. In ensuing litigation, many businesses have sought to escape or limit their liability for contractual nonperformance, citing various considerations ...

Tagged with: Business Law Commercial real estate Contract covid Force majeure Insurance Pandemic

Where an insurance policy provided coverage to affiliates of the Episcopal Church, that policy extended to a breakaway parish that is embroiled in litigation against the diocese. Nothing in the master policy suggested the insurance company has the duty—or the ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge James A. Wynn Jr.

Where a logistics and warehouse company submitted a claim for business losses caused by COVID-19 and shutdown orders, the complaint was dismissed because the virus and organic pathogen exclusions prohibit claims caused by a virus. Background L&L Logistics and Warehousing ...

Tagged with: Insurance Judge Robert E. Payne U.S. District Court - Eastern District

Although a provision in the subcontract agreement requiring the parties to engage in a dispute protocol before filing suit was not an express waiver of the Miller Act, the case was nevertheless stayed to allow mediation because requiring the parties ...

Tagged with: Insurance Judge Raymond A. Jackson U.S. District Court - Eastern District

Where the suit over denial of coverage required interpretation of a policy issued by an Ohio insurer to a Maryland insured about an accident in Maryland, venue in the Eastern District of Virginia was lacking. Because neither party argued the ...

Tagged with: Insurance Judge David J. Novak US District Court

An insurer’s vehicle policies unambiguously prevent stacking of underinsured coverage for bodily injury. As a result, the available coverage for the injured party is limited to $25,000, instead of a greater amount he claims is available. Policies Fafa was involved ...

Tagged with: Fairfax County Circuit Court Insurance Judge Stephen C. Shannon Virginia Circuit Courts

Where an insurer denied benefits to a woman under a supplemental life insurance policy owned by her deceased husband in a manner inconsistent with the unambiguous terms of the supplemental policy, it abused its discretion. Background Stephanie A. Morris filed ...

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

If a messenger slips and falls on the sidewalk while delivering a business document to a person working at home, is the subsequent claim covered by the person’s homeowners insurance policy? With the COVID-19 pandemic causing more people to work ...

Tagged with: COVID-19 Employment Insurance Remote work