BMHJ Blog: Legal Information, Resources, & News: Insurance Coverage

Sophistry and Insurance Policy Interpretation

Stephen A. Horvath, Esquire
March 14th, 2014
By: Stephen A. Horvath, Esquire

Sophistry is a flawed method of arguing. It is a type of argument that appears clever on its face, but it is actually flawed or dishonest. In ancient Greece, Sophists were philosophers or teachers, and early Sophists were well respected. Over time theses Sophists started to charge high fees for their teachings. Plato described Sophists as paid hunters of the young and wealthy, as athletes in a contest of words and purgers of souls. He described them as “the art of contradiction making, descended from an insincere kind of conceited mimicry,…a shadow play of words”.

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Va. Code Section 38.2-2206(L) – Irrevocable Offers

Steven W. Bancroft, Esquire
Matthew A. Roberson, Esquire
November 3rd, 2013
By: Steven W. Bancroft, Esquire and Matthew A. Roberson, Esquire

Irrevocable Offers: Does Va. Code Section 38.2-2206(L) have any teeth?

Liability automobile carriers can now shift the costs of litigation to underinsured carriers as a result of a recent statutory change. This change affects both settlement offers and the relationship between liability insurers and underinsured motorist insurers.

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The DSM – 5: Will It Impact Litigation?

Melissa H. Katz, Esquire
July 29th, 2013
By: Melissa H. Katz, Esquire

The American Psychiatric Association’s DSM (Diagnostic and Statistical Manual of Mental Disorders) serves as a universal authority for the diagnosis of psychiatric disorders. Recently, a new version (DSM -5)(5th edition) was published; it supersedes DSM-IV-TR. The new publication is significant as it is the first since 1994. Additionally, it is likely that this latest edition will have an impact on litigation.

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Discovery: Protecting the Insured’s Recorded Statement As Material Prepared in Anticipation of Litigation

Martin Schubert, Esquire
May 18th, 2013
By: Martin Schubert, Esquire

Circuit Courts continue to split on the discovery of an insured’s own statement

The scope of discovery in Virginia is dictated by Rule 4:1 of the Rules of Supreme Court. That rule includes the commonly known exceptions of attorney work product and material prepared in anticipation of litigation. That exception continues to lead to different results when a plaintiff seeks the insured’s own statement made to the insured’s insurance carrier.

The scenario is rather simple. At some point after an accident, a potential defendant provides the insurance adjuster with a statement of the insured’s version of the events. Subsequently, a lawsuit is filed and the plaintiff seeks that same statement in discovery.

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Insurers to Give Notification of Settlement to Claimants

Melissa H. Katz, Esquire
March 19th, 2013
By: Melissa H. Katz, Esquire

Insurers Required to Notify Claimants of Settlement Payment

The Virginia General Assembly passed a law, effective July 1, 2013, which requires an insurer to send notification to the claimant that a settlement check has been sent out to his attorney in satisfaction of a third party claim. The notice must be sent within five days of the issuance of a settlement check of at least $5,000 and which arises out of an insurance policy issued or delivered in the Commonwealth. The language of the notice and the mailing procedures are set forth in the new code section listed below. The new law also holds the insurer harmless if the notice is not given or is defective.

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This blog and the information provided has been prepared by Bancroft, McGavin, Horvath & Judkins, P.C. (“BMHJ”) for information purposes only and is not intended nor to be construed as legal advice. This blog may contain the opinions of the members and associates of this firm on various legal issues and is not legal advice. Read More