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 plaintiffs can sue a defendant and its carrier for a prospective determination of coverage, before first securing any judgment against the defendant. 

The issue appears frequently, and although the Virginia’s high court has allowed such claims to proceed before and addressed their merits, it has never expressly ruled on this point.

The brief distinguishes such suits, brought under Virginia’s Declaratory Judgment Act, from direct actions for money damages by plaintiffs against defendants’ carriers.

Download the brief here

John J. Rasmussen founded the Insurance Recovery Law Group, PLC after nearly a decade of working for insurance companies. You can learn more about him and his practice at You can contact him at