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

Fake Tax Returns Unraveled Plaintiff’s Claim

Stephen A. Horvath, Esquire
December 14th, 2012
By: Stephen A. Horvath, Esquire

In a clear liability case, with serious injuries, a plaintiff submitted fake tax returns and financial documents to support a claim for lost wages. This behavior was uncovered and resulted in the unraveling of the claim and a resolution of the claim for an amount far less than the medical specials.

The plaintiff was claiming injuries as a result of being rear ended while waiting at the end of an access ramp. The defendant hit the plaintiff’s car with sufficient force to total defendant’s car and push the plaintiff’s car into a third car. Within hours, the plaintiff developed radicular symptoms, and was ultimately diagnosed with two levels of cervical disc herniation plus a possible third level of a disc involvement in the cervical spine.

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Virginia Supreme Court Reaffirms Underinsured Motorist Insurance Carriers’ Right to Mount an Independent Defense

Alexandar J. Conn, Esquire
November 14th, 2012
By: Alexandar J. Conn, Esquire

In the recent decision of Transportation Insurance Company v. Womack, Supreme Ct. Record No. 112283 (Nov. 1, 2012), the Supreme Court of Virginia reversed a trial court’s grant of Summary Judgment against an underinsured motorist (UIM) insurance carrier participating in litigation under Virginia Code § 38.2-2206(F).

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Plaintiff’s Counsel Allowed to Contact Insurance Company Directly During Lawsuit

Dawn E. Boyce, Esquire
October 20th, 2012
By: Dawn E. Boyce, Esquire

In a legal ethics opinion, the Virginia State Bar has opined that in a pending personal injury case where the defendant is represented by counsel provided by the insurance company, the plaintiff’s attorney may contact the insurance carrier directly without the consent of the defendant’s attorney. See LEO 1863.

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Additional Legislative Changes

Nicholas J. Lawrence, Esquire
April 15th, 2011
By: Nicholas J. Lawrence, Esquire

Effective July 1, 2011, the general assembly has amended Va. Code Section 16.1-107 to eliminate the requirement for an appeal bond when the defendant has liability insurance coverage available to pay the judgment at issue. The insurer must provide a written irrevocable confirmation of coverage in the amount of the judgment in order to eliminate the requirement for a bond.

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Legislative Changes

Heather K. Bardot, Esquire
March 28th, 2011
By: Heather K. Bardot, Esquire

Less than a Year after Enactment, the General Assembly Amends Virginia Code Section 38.2-2206(L)

Less than a year after enacting Virginia Code Section 38.2-2206(L), which allows an underlying automobile insurer to make an irrevocable offer of settlement to a plaintiff in an effort to pass defense costs to the UM/UIM carrier, the General Assembly has amended the section. Effective July 1, 2011, the statute will read as follows:

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Disclaimer

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