BMHJ Blog: Legal Information, Resources, & News

Tolling Provision of Virginia’s Nonsuit Statute Does Not Apply to a Contractual Period of Limitations Contained in Fire-Insurance Policy

Andrew R. Alder, Esquire
Stephen A. Horvath, Esquire
September 23rd, 2015
By: Andrew R. Alder, Esquire and Stephen A. Horvath, Esquire

One of the most important tools available to a plaintiff in Virginia is the right to take a nonsuit to dismiss a case without prejudice to refiling the lawsuit, even if the statute of limitations has run. The right to a nonsuit is almost absolute, so if a case is not going well, the plaintiff just takes a nonsuit and starts over again. Under the tolling provision of Virginia’s nonsuit statute, a plaintiff has the right to refile a cause of action within six months after taking a voluntary nonsuit, even if the statute of limitations for the cause of action has expired. See Va. Code 8.01-229(E)(3). The Virginia Supreme Court has now limited the right to a nonsuit, and held that for claims under a Fire Insurance Policy, the tolling provisions of the Virginia Code do not extend the time to refile a nonsuited claim. Allstate Property & Casualty Ins. Co. v. Ploutis

Read more

Congratulations to John McGavin

John D. Mcgavin, Esquire
August 22nd, 2015
By: John D. Mcgavin, Esquire

Best Lawyers Lawyer of the Year emblemBancroft, McGavin, Horvath & Judkins, P.C. is pleased to announce that John D. McGavin has been selected by his peers for inclusion in the 22nd Edition of The Best Lawyers in America in the following practice areas:

Read more

Congratulations to Stephen Horvath

Stephen A. Horvath, Esquire
June 16th, 2015
By: Stephen A. Horvath, Esquire

CONGRATULATIONS TO STEPHEN A. HORVATH, ESQUIRE who is a recipient of the 2015 President’s Award from the Fairfax Bar Association. Steve has been a longstanding member of several Fairfax Bar Association committees, to include the Circuit Court committee. This award is in recognition of his service to this organization.

Read more

Congratulations to Nicholas J. Lawrence

Nicholas J. Lawrence, Esquire
June 16th, 2015
By: Nicholas J. Lawrence, Esquire

CONGRATULATIONS TO NICHOLAS J. LAWRENCE, ESQUIRE, who has become a member of our firm, effective June 1, 2015.

Read more

New Virginia UIM Legislation Changes Landscape of Litigation and Settlement Upon Tender of Policy Limits by Liability Insurance Carrier

Martin Schubert, Esquire
June 14th, 2015
By: Martin Schubert, Esquire

In 2010 the Virginia General Assembly passed legislation in an attempt to prevent the underinsured motorist (“UIM”) carrier from delaying litigation. The measure was designed to pass certain costs onto the UIM carrier once the primary liability insurance carrier made an irrevocable offer of the policy limits. Once a written offer of the policy limits was made, the UIM carrier had 60 days, after which it had to assume the costs of defense. The duty to defend remained on the tortfeasor’s liability carrier however. The measure was largely ineffective in application however.

Read more

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