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Direct action against insurer allowed in federal court (access required)

Although Virginia does not permit direct actions against insurers, this rule has no application in federal court. Instead, where the plaintiff established Article III standing, the direct action against insurer could proceed. Background Wilkerson Francis Investments LLC seeks a declaration ...

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No CGL coverage for suit arising from untimely repairs (access required)

Where a contractor sought coverage under a CGL policy when it was sued for not timely completing repairs, the insurer has no duty to defend or indemnify because the suit did not allege an “occurrence” within the policy’s terms. Overview ...

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Medical group can sue insurer for unpaid bill (access required)

Where the court has previously ruled that a healthcare provider has a private right of action under a statute that requires medical insurers to pay for emergency care without prior authorization regardless of whether the provided emergency services are in-network ...

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Attorney malpractice suit over filing sent to DC (access required)

Where the underlying malpractice suit against an attorney who allegedly filed a defective statement with the Federal Communications Commission gave rise to the coverage dispute pending in the District of Columbia, the case was transferred under  28 U.S.C. § 1404(a).  Among ...

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Resolving duty to indemnify claim would interfere with underlying suit (access required)

Where liability has not yet been determined in the underlying wrongful death suit stemming from a fatal car accident, an insurer’s declaratory judgment action seeking a determination on the duty to indemnify was dismissed because of Article III concerns. However, ...

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False Claims Act suit triggers ‘medical incident’ coverage (access required)

Where the policy covers “damages resulting from a claim arising out of a medical incident,” a false claims act suit alleging billing for services that were not rendered was within the scope of coverage because the “failure to render” services ...

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No duty to defend insureds in faulty construction lawsuits (access required)

Where lawsuits brought against the insureds alleging shoddy construction of townhouses were “replete” with allegations of intentional conduct, that conduct is neither an “occurrence” nor an “accident,” so the insurer’s duty-t0-defend was not triggered. Allegations of negligent conduct were unsupported by ...

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