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Tag Archives: Insurance

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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4th Cir.: RICO no remedy for shorted subcontractor (access required)

A subcontractor seeking compensation for restoration work within the scope of the National Flood Insurance Program could not claim full payment via RICO, because claims adjusters’ negative assessment of the subcontractor’s work did not directly cause the lack of payment. ...

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EDVA: “Astounding allegations” sustain 11-count complaint (access required)

In October 2015, wind and rain damaged Plaintiff Constance Moss’s home. Moss’s homeowner’s insurer soon issued a claim check for over $15,000. In a move she has lived to regret, Moss sent the check to her mortgage company, Defendant Manufacturers ...

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4th Cir.: Service on statutory agent doesn’t start removal clock (access required)

A plaintiff could not keep her lawsuit against her insurance company out of federal court because her service of process on a statutory agent didn’t start the clock for noticing removal to federal court. The court also deemed the company ...

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Decedent’s husband not a “slayer,” should get benefits (access required)

Nearly two years after his wife’s death, Defendant Can Chau Nguyen could not be considered a “slayer” and was entitled to her life-insurance benefits, whether or not county sheriffs had officially “ruled him out” as a suspect in her death. ...

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