A homeowner’s carrier has no duty to cover injuries caused when the homeowner’s son punched another person because the intentional act was not an “accident,” and thus did not qualify as an “occurrence” under the policy. Background On Feb. 12, ...

Tagged with: Insurance Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

Tagged with: Intellectual Property Judge John A. Gibney Jr. U.S. District Court - Eastern District

Despite cooperation by both sides to trigger coverage for a broken jaw, a judge ruled a homeowners insurance company owes no duty of coverage because the injury was the natural consequence of an intentional act. U.S. District Judge John A. ...

Tagged with: Insurance Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an insurance company had already paid $211,800 on three warranty bonds, and then received additional claims, the indemnitors were ordered to tender $950,000 to cover the money already paid and future losses. Background Great American Insurance Company filed this ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where indemnity provisions in agreements with an engineering consultant did not clearly exclude first party claims, and where courts construing similar provisions had not limited them to third-party claims, the consultant’s motion to dismiss the indemnity claims was denied. Background ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where debt collectors did not meaningfully disclose their identities and made false representations, they violated the Fair Debt Collection Practices Act, or FDCPA. The plaintiff was awarded $1,000 in actual damages, $1,000 in statutory damages and $18,000 in attorneys’ fees. ...

Tagged with: Consumer Protection Judge John A. Gibney Jr. U.S. District Court - Eastern District

Although the former executive of a Richmond-based advertising agency alleged a New York-based reporter and publisher conspired to harm his reputation by publishing false and defamatory articles about his resignation, the targeted conduct— news-gathering, fact-checking and publication—is typical of news ...

Tagged with: Judge John A. Gibney Jr. Tort U.S. District Court - Eastern District

Where a hospital sued an infant’s insurer, alleging it underpaid for service, the Employee Retirement Income Security Act of 1974 did not preempt the breach of contract claim because ERISA does not provide a cause of action for health care ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Although a woman alleged that five court employees conspired to interfere with her civil rights by not providing records she needed to prosecute her appeal, employees cannot conspire with their employer. Background Vicki Lindsey has sued five employees of the ...

Tagged with: Judge John A. Gibney Jr. Tort U.S. District Court - Eastern District

Difficulties in obtaining signatures because of Covid-19, including bans on large public gatherings, resulted in the court’s modifying the signature requirements for candidates running for Congress and the presidency. Background In Virginia, independent and minor party candidates seeking national office ...

Tagged with: Constitutional Judge John A. Gibney Jr. U.S. District Court - Eastern District