Do you know what a compound preposition is? They appear often in legal writing, and for no good reason. Read the list below. On the left—compound prepositions. After each dash—replacements for them. The examples will teach you to recognize compound prepositions,...read more
How you write affects how you are understood. Fonts provide one key to easier understanding by your audience, whether it is a judge, law clerk, or mediator. The number one rule: use fonts with serifs for the main text. Serifs are the horizontal lines at the top and...read more
Judge Robert E. Payne of the United States District Court for the Eastern District of Virginia, Richmond Division, denied a motion to dismiss based on the statute of limitations filed by property carrier First Liberty against its insured. John Rasmussen of the Insurance Recovery Law Group, PLC, defended the insured against that motion, which addressed an issue of first impression under Virginia insurance and procedural law.
A two-year statute applies to property insurance claims in Virginia. The insured filed a lawsuit seeking money damages and declaratory relief for a fire, but more than two years after it happened. The insured, however, had earlier filed and nonsuited an action to appoint an appraisal umpire in Hanover Circuit Court. And she refiled the damages claim within six months of that nonsuit.
This issue has received significant attention recently, after a Virginia Circuit Court judge did not apply the tolling statute to a second suit because it sought a different amount of damages. As noted above, this decision rejected that approach.
As recently reported in the Virginia Lawyers' Weekly, the Insurance Recovery Law Group, PLC (along with co-counsel CantorArkema) prevailed on summary judgment argument in the United States District Court for the Eastern District of Virginia, securing a ruling in...read more
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 more
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 person hurt and the...read more
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 comply with the terms, those...read more
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 might have to pay...read more
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 more
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 policy's...read more
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., Case...read more
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 suit has...read more
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 persons and other...read more
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 surrounding an auto...read more