Updates 2019 General Assembly Session

February 22nd, 2019
By: admin

Bills of interest that will become law effective July 1, 2019, include the following:

SB 1457 Corporate officer; deposition witness

Virginia General Assembly Session

SUMMARY AS PASSED SENATE:

Deposition of corporate officer. Provides that when an officer, as defined in the bill, who is called as a deposition witness files a motion for a protective order because the discovery sought by the deposition is obtainable from some other source that is more convenient, less burdensome, or less expensive, the burden is on the party seeking the deposition to defeat such a motion by showing that (i) the officer’s deposition is reasonably calculated to lead to the discovery of admissible evidence, (ii) the officer may have personal knowledge of discoverable information that cannot be discovered through other means, and (iii) a deposition of a representative other than the officer or other methods of discovery are unsatisfactory, insufficient, or inadequate. This bill is identical to HB 2167. Approved by Governor 2/19/19.

The Code of Virginia will be amended by adding a section numbered 8.01-420.4:1.

SB 1486 Summary judgment; limited use of discovery depositions and affidavits.

SUMMARY AS PASSED SENATE:

Summary judgment; limited use of discovery depositions and affidavits. Allows for the limited use of discovery depositions and affidavits in support of or in opposition to a motion for summary judgment, provided that the only parties to the action are business entities and the amount at issue is $50,000 or more. This bill is identical to HB 2197.

This will be codified as an amendment to Va. Code Section 8.01-420(C).

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Bills of interest that have passed both the House and Senate and await the Governor’s approval at the end of March 2019 include:

SB 1293 Uninsured motorist insurance coverage; settlement and release.

SUMMARY AS INTRODUCED:

Uninsured motorist insurance coverage; settlement and release. Provides that any release executed as a result of a liability insurer settling a personal injury claim with an underinsured claimant for the available limits of the liability insurer’s coverage shall not operate to release any parties other than the liability insurer and the underinsured motorist. The bill clarifies that neither a duty to defend nor an attorney-client relationship is created between the underinsured motorist and counsel for the underinsured motorist benefits insurer without the express intent and agreement of the underinsured motorist. The measure modifies the language in the written notice that is required to be provided to the underinsured motorist upon settlement to further clarify that no attorney-client relationship or duty to defend is created between the underinsured motorist and the underinsured motorist benefits insurer as a result of the settlement and release. The bill clarifies that by sending the notice and release to the underinsured motorist’s last known address by certified mail, the liability insurer satisfies the requirement of having the underinsured motorist sign the release and initial the notice.

If the Governor approves this bill, then Sections K & L of Va. Code Section 38.2-2206 will be amended.

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