Taking Care of the Homebody: Insurance and Remote Workers
Like so many people this past spring, we had to rethink how we use our homes. For most of us they just simply weren’t set up for 24-hour occupancy by multiple people working from home. We also had to rethink how we work and who to include in our daily scheduling to...
What to do when an uninsured-underinsured motorist (“UM”) insurer asks for your client’s recorded statement or examination under oath
You probably have had carriers ask your client in an auto case to submit to a recorded statement or an examination under oath. How you react should depend on the coverage issues at play. If you are seeking uninsured-underinsured motorist coverage from the requesting...
Coronavirus and Coverage: Business Interruption
Uncertainty abounds when it comes to the novel Coronavirus Covid-19, and the insurance industry is no exception. And while we find it personally humorous to see the number of people suddenly declaring themselves experts in an area with little to no case law directly...
Did You Know? Quick answers to coverage questions
We recently ran into a funny little twist with a UM/ UIM claim. The carrier was trying to apply a $200 property damage deductible. But the UM driver was known and identified. And under Virginia law, carriers cannot apply a deductible when the identity of the other...
Taking Care of the Homebody: Insurance and Remote Workers
Like so many people this past spring, we had to rethink how we use our homes. For most of us they just simply weren’t set up for 24-hour occupancy by multiple people working from home. We also had to rethink how we work and who to include in our daily scheduling to...
What to do when an uninsured-underinsured motorist (“UM”) insurer asks for your client’s recorded statement or examination under oath
You probably have had carriers ask your client in an auto case to submit to a recorded statement or an examination under oath. How you react should depend on the coverage issues at play. If you are seeking uninsured-underinsured motorist coverage from the requesting...
Coronavirus and Coverage: Business Interruption
Uncertainty abounds when it comes to the novel Coronavirus Covid-19, and the insurance industry is no exception. And while we find it personally humorous to see the number of people suddenly declaring themselves experts in an area with little to no case law directly...
Did You Know? Quick answers to coverage questions
We recently ran into a funny little twist with a UM/ UIM claim. The carrier was trying to apply a $200 property damage deductible. But the UM driver was known and identified. And under Virginia law, carriers cannot apply a deductible when the identity of the other...
Playing Catch-Up with Technology: A series on the digital economy and insurance – E-Scooters
Despite what we may think about ourselves, as a species humans aren’t very good at preparing for what we can’t imagine. And while that sounds like a Captain Obvious award winner, it is especially true when it comes to technology. With all the benefits they...
Be on Guard: Fourth Circuit opinion could affect coverage DJs
A new published case from the Fourth Circuit may make it harder to convince federal courts to keep and resolve insurance disputes. At the least, it sows confusion by conflicting with established case law. Specifically, the new case discusses Article III jurisdiction...
Avoid new attempt at workers’ comp set-off against UM claims
Auto insurers in Virginia have added a new play to their book of defenses against paying what they should on uninsured-underinsured motorist coverage. Be ready for it when they try it with your client. Carriers might raise this new defense when your client with a UM...
Emoji? In Court?
It’s safe to say that even the millennials among us never took “Interpreting Emoji” as part of course work in Evidence. So we were intrigued when we noticed a slew of articles written recently about emoji in court cases. What could the seemingly endless array of,...
Legislative Update
In addition to all the important bills the VTLA tracked this session, there were a few that passed, a couple that were expected to but didn’t, and one that took a circuitous route that caught our eye. Here’s a brief rundown. Hands-Free Driving: While both chambers...
Improving your legal writing
Most of my insurance litigation focuses on writing persuasive briefs and letters. Given that focus, I read nearly any credible book on writing, in particular but not exclusively legal writing. Here are some of the best: The Winning Brief, Bryan Garner; On Writing...