The source of duty rule does not bar plaintiff’s fraud in the inducement claim against defendants arising from business insurance coverage. Plaintiff specifically pleaded that this occurred when plaintiff renewed its insurance coverage. The trial court erred by looking to ...

Tagged with: Contract Order Supreme Court of Virginia

The jury’s failure to award plaintiff damages after finding defendant liable was not flawed by the trial court’s admission of unauthenticated medical records. The error was harmless either because the information was established by other testimony, or it “had only ...

Tagged with: Personal Injury Published Order Supreme Court of Virginia

The Virginia Code does not prevent a court from retroactively modifying a temporary spousal support award. Facts Tawes sued to divorce her husband, Everett, and moved for temporary spousal support and a pendente lite hearing on the matter. The trial ...

Tagged with: Domestic Relations Justice S. Bernard Goodwyn Supreme Court of Virginia

Where the trial court imposed suspended sentences for appellant’s felony and misdemeanor convictions, placed him on one year of supervised probation and expressly stated a good behavior condition, a later probation revocation order lacking such condition did not prevent the ...

Tagged with: Criminal Justice Stephen R. McCullough Supreme Court of Virginia

Where plaintiffs alleged tort and contract claims arising from defendant’s construction of a home and  post-construction attempts to repair leaks and remediate the resulting mold, the trial court erred by granting defendant’s demurrers and dismissing all claims. Overview The appeal ...

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

Where the trial court upheld a city’s assessment of appellant’s marine container terminal and associated equipment, an expert’s testimony that the assessment should have been lower was improperly excluded on the basis that he lacked a Virginia appraiser’s license at ...

Tagged with: Business Justice William C. Mims Supreme Court of Virginia

The circuit court’s disposition of funds placed into an escrow account by a bankruptcy court’s order is affirmed. Facts Thoburn was a general partner of Thoburn Limited Partnership, which owned property that was used to secure several loans. A $320,000 ...

Tagged with: Order Real Estate Supreme Court of Virginia

Whether welfare overpayments based on fraud meet the $200 statutory threshold for grand larceny is determined by calculating the difference between the benefits paid and the benefits that would have been paid absent any fraud. In this case, there was ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

Defendants’ waiver in the parties’ contract to plead the statute of limitations was neither valid nor enforceable under Virginia law. Overview New South Federal Savings Bank made a construction loan to Foster and Wilson Building LLC. Foster and Robert Wilson ...

Tagged with: Contract Judge Teresa M. Chafin Supreme Court of Virginia

Where an agreement obligated a bar to indemnify the city of Richmond for claims arising from the employment of city police officers, the indemnity clause was not triggered when plaintiff sued an officer working at the bar as an individual ...

Tagged with: Contract Justice S. Bernard Goodwyn Order Supreme Court of Virginia