Removal – A Reminder
A recent federal case from Virginia's Western District serves as a useful guide for remanding case from federal court back to state court. In Purayr, LLC, v. Phocatox Technologies, LLC, 5:16cv47, the judge remanded a case for missing the thirty-day removal deadline,...
Compound Prepositions – The Compost of Legal Writing
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,...
How to Use Fonts in Legal Writing
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...
Firm wins victory for insured in federal court on nonsuit tolling
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.
Know Your (Liability Insurance) Limits
Pay attention to your insurance limits - the most that your liability carrier will pay to another person who claims that you hurt them or damaged their property. You can find your limits on your auto, homeowners', umbrella, or business policy declarations page....
What Carriers Don’t Want You To Know About Auto Accident Claims
If someone hits and damages your car, their insurance carrier may not offer to make you whole for your loss. The rise of CARFAX and other such services means that any car in an accident could have a lower resale value just because it shows up on a CARFAX or other...
When Your Health Care Claim Is Denied…
Five Ground Rules For Trying To Reverse Your Health Care Denial Denials Happen Often - Don't Take No For An Answer - Denials happen often, but they can be overturned with persistence and care. Do not take an initial "no" as a final answer. Expect Several Rounds -...
When Your Insurer Reserves Its Rights
If you want to avoid expensive problems later, you should understand (1) what it means when your carrier reserves its rights; (2) how insurers reserve their rights; and (3) how to respond when they do. Understanding these insurance fundamentals can prevent surprises....
What A Good Insurance Broker Might Do For You
A good insurance broker can save you money, and not just by getting better quotes from insurers. A good insurance broker might Find better insurance; Help you dump policies you don't need; or Get you paid on claims without using a lawyer. Read on for questions to ask...
Learn to Read Your Insurance Contract and Save Money
Every Policyholder Should Know The Basics Don't let insurance policies daunt you. Learn to read them. It can save you money both now and later. With this skill, you will know whether you got a copy of your whole policy and whether the basic details in it reflect what...
Seven Steps When You Have An Insurance Claim
Use Polite, Organized Persistence Help maximize your insurance recovery with polite, organized persistence. The seven steps below - gleaned from almost ten years representing insurance companies - can help you translate that goal into a practical reality. 1. Write,...
Keep Good Records – Before You Have A Claim
Ten years working with insurance policies has taught me many lessons. One of the most important lessons is this: keep good records. They say an ounce of prevention is worth a pound of cure. It also could be true that one hour of organizing your insurance papers each...
An Experienced Hand’s Cardinal Rule For Dealing With Insurance Companies
Be Nice - It Pays Whenever you try to convince someone to take your position, it never hurts to consider their environment and point of view. Whether you are trying to convince a judge to side with you or a potential vendor to accept your terms, putting yourself in...