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Tag Archives: Insurance

4th Cir.: Each wrongly fired officer was a distinct insurance claim (access required)

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

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Va. Cir.: Carrier has no lien on claimant’s third-party settlement (access required)

A workers’ compensation carrier has no lien for a negotiated lump-sum settlement of a claimant›s future benefits in a tort action against a third party. Under Noblin v. Randolf Corp., 180 Va. 345 (1942), and Slusher v. Paramount Warrior, 336 F. Supp. ...

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EDVA: Vandalized hotel can try denied insurance claim (access required)

Genuine disputes of material fact precluded summary judgment as to whether an insurance company improperly denied coverage for property damage after vandals cut a water line in a hotel undergoing renovations. The insurer claimed that the hotel owners had misrepresented ...

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4th Cir.: Insurer has no duty to defend Love murder defendant (access required)

This litigation arises out of the tragic death of Yeardley Love, a University of Virginia student who died in 2010. Another student, George Huguely, was convicted of her murder. His petition for a writ of habeas corpus is pending. Yeardley’s mother, ...

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4th Cir.: Insurers owed no duty to solicit supporting documents (access required)

A life insurance company was under no fiduciary duty to solicit required additional materials from the insured party in order to approve his coverage level, even though his employer had been deducting premium payments for the unapproved amount. Background Steven ...

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4th Cir.: No error in denying counsel at sentencing (access required)

A defendant who perpetrated a complicated insurance fraud scheme resulting in more than $100 million in losses was not denied his right to counsel after he repeatedly insisted on proceeding pro se but then requested counsel for his final sentencing ...

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Va. Cir.: Driver’s statements to insurer discoverable (access required)

A defendant driver said in his deposition that he couldn’t remember key details of a car crash, but his pre-suit description of the crash to his insurance company was not entitled to work-product privilege. Background Plaintiff Angel Monterrozo was injured ...

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WDVA: Despite state-law issues, abstention not warranted (access required)

Plaintiffs seeking to have their insurance company defend and indemnify them in underlying defamation actions in Virginia state court didn’t present any “good reason” for the federal court not to exercise diversity jurisdiction to interpret their policy coverage. Background Rickey ...

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4th Cir.: UIM policy didn’t apply to rental truck incident (access required)

After an underinsured motorist caused death and injury to two of the insured’s contractors, limitations in the UIM policy’s declarations page were dispositive in determining whether the contractors’ vehicle was covered. Background Carlos Castillo and Marco Gabarette were independent contractors ...

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4th Cir.: Policy limits upheld for certain asbestos claims (access required)

General-liability insurers could enforce their policy limits as to completed-operations and products hazard claims against the insured, stemming from decades-old asbestos exposure. Background This insurance-coverage dispute involves the applicability of two insurers’ policies to past, pending, and future asbestos-related bodily ...

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