A coverage-extension provision in a commercial property insurance policy does not entitle the named insured to fire damage coverage for a building owned by the insured’s recently acquired subsidiary. The extension, which applies to newly acquired buildings, cannot be applied ...

Tagged with: Insurance Justice D. Arthur Kelsey Supreme Court of Virginia

A holding company for a Madison County winery that defaulted on a commercial loan, and whose collateral was seized by the bank, could not assert the bank breached a contract because the company’s interpretation was contrary to the reasonable meaning ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

The Supreme Court of Virginia says Carilion Clinic – the Roanoke-based healthcare conglomerate – can face trial on claims that two employees wrongfully disclosed a patient’s private healthcare information. The case exposed a 5-2 split on the court on the ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia News

Even though a student received in-state tuition rates at a community college, she failed to prove to George Mason University that she was domiciled in Virginia for at least one year. Background Malik applied to George Mason University in September ...

Tagged with: Evidence Justice D. Arthur Kelsey Supreme Court of Virginia

A divided Supreme Court says Virginia will allow a lawsuit against a shipyard over the cancer death of a woman allegedly exposed to asbestos brought home by her shipworker father. The 4-3 decision on Oct. 11 “reshapes tort law” according ...

Tagged with: Chief Justice Donald W. Lemons Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Supreme Court of Virginia News

The Supreme Court of Virginia will not disturb an arbitration decision that absolved an Alexandria attorney of ethics accusations and slammed a plaintiff with more than $900,000 in sanctions. The decision by five justices could end a protracted battle over ...

Tagged with: Justice Cleo E. Powell Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice Stephen R. McCullough Supreme Court of Virginia News

The circuit court correctly held that a homeowner’s breach of contract claims against his lender accrued when his debt was accelerated prior to foreclosure for statute of limitations purposes. Background In 2009, Dennis Kerns borrowed money from a mortgage lender ...

Tagged with: Banking Justice D. Arthur Kelsey Supreme Court of Virginia

A sharply divided Supreme Court of Virginia says those who assume a duty to guard against criminal harm can be liable only if they communicate their undertaking. A four-justice majority of the high court affirmed dismissal of a lawsuit against ...

Tagged with: Chief Justice Donald W. Lemons Judge Pamela S. Baskervill Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Supreme Court of Virginia News

Lawyers must refrain from paying themselves from trust account funds when there is a good faith dispute about someone else’s interest in the money, the Supreme Court of Virginia has ruled. The court has affirmed a public reprimand for a ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia News

Sufficient evidence supported the State Corporation Commission’s determination that a requested pilot infrastructure surcharge was just and reasonable. Background In 2015, the Virginia-American Water Company applied to the State Corporation Commission for a general increase in water rates, claiming increased ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Utilities