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, ...

Tagged with: Insurance Judge Norman K. Moon U.S. District Court - Western District

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 ...

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

An insurance company serving as both a liability carrier and uninsured motorist insurer paid four times its liability limit to settle an auto crash claim after dropping the ball at the outset of the claim, plaintiff’s lawyers reported. Missing deadlines ...

Tagged with: default Impaired driver Insurance

A Norfolk federal judge has allowed litigation of some claims that a Virginia Beach spa qualifies for business interruption coverage under its State Farm policy since it was closed due to the COVID-19 pandemic. The decision this month by U.S. ...

Tagged with: Business Business interruption Coronavirus Insurance Judge Leonie M. Brinkema

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 ...

Tagged with: Insurance Insurance fraud

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, ...

Tagged with: Insurance Judge Liam O'Grady U.S. District Court - Eastern District

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 ...

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

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 ...

Tagged with: Insurance Judge Henry E. Hudson U.S. District Court - Eastern District

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 ...

Tagged with: Insurance Judge Anthony J. Trenga U.S. District Court - Eastern District

The property casualty insurer hired its own consultant to investigate claims brought against its insured by the City of Suffolk, defended the claims, sought input from the indemnitors and obtained a release of the bonds in exchange for a settlement ...

Tagged with: Insurance Judge Douglas E. Miller U.S. District Court - Eastern District