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...
read moreEmoji? 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,...
read moreLegislative 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...
read moreImproving 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...
read moreMistakes to avoid — when your carrier wants a statement
Insurance companies often ask for details or interviews when investigating a claim. Often, such requests seek information that may affect whether or not a claim is covered under your policy – whether it is an auto, homeowners, or property loss. Your response – or failure to completely respond – can affect your coverage, so be careful.
read moreAuto Insurance Basics — Medical Payments Coverage, Or “Medpay”
Although the limits may be lower, medical payments coverage ("medpay") can help when you are hurt by a car. At least in Virginia, where the law make it part of every policy, it pays without regard to fault. Coverage instead hinges on the...
read moreAuto Insurance Basics — Uninsured Motorist Coverage
Uninsured motorist ("UM") coverage involves some of the more complex auto insurance issues. States usually require that every policy have at least some UM coverage, and they often strictly regulates the terms. If a policy does not...
read moreAuto Insurance Basics — Your Liability Coverage
Auto liability insurance -- the basics Below you can find the core qualities of your auto liability coverage: (1) who might be covered; (2) what triggers your coverage; (3) how your insurer must help you with covered claims; and (4) how much it...
read moreNew Virginia Case Addresses Examinations Under Oath — Beware
Magistrate Judge Michael Urbanski just issued an opinion in the Western District of Virginia that deals with the insured's rights and duties when their carrier wants to examine them under oath. Those exams happen often, and many if not most insureds are woefully...
read moreAuto Insurance Basics — What Is Covered
Every person should understand the four basic types of coverage an auto policy might provide: (1) liability; (2) collision or comprehensive; (3) uninsured/underinsured motorist; and (4) medical payments. Below are simple descriptions of each. Your...
read moreRecent Case Analyzes Who Is A “Resident” In A “Household” For Insurance
Earlier this year, Judge Moon in the Western District of Virginia issued a summary judgment opinion helpful for insureds on a frequently-appearing coverage issue -- who is resident in a household. Dawson v. Auto-Owners Insurance Company, U.S.D.C., W.D.Va.,...
read moreNow, Virginia Requires That Carriers Disclose Policy Limits
Virginia's General Assembly passed a helpful law that just went in effect July 1, 2008. It requires liability insurers share the policy limits that may be available when their insureds are involved in an accident. Moreover, it requires they do so even if no...
read moreFirm Files Virginia Supreme Court Brief Amicus Curiae
The Virginia Supreme Court granted the Insurance Recovery Law Group leave to file a brief amicus curiae on behalf of the Virginia Trial Lawyer's Assocation, in the case of ACE American v. Allen, et al. The case and brief both address whether injured...
read moreSources Of Coverage Seminar
The Insurance Recovery Law Group provided the following two articles along with its presentation at a recent seminar. The first addresses potential sources of coverage. The second is a checklist of questions to ask when assessing coverage issues...
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