Tort Law

The cases below are a compilation of cases from the Virginia Supreme Court summarized by Brien Roche  dealing with the topic of direct actions against insurance companies and the related topic of personal injury. For more information on insurance issues see the pages on Wikipedia.

Direct Actions-Statutes

See Va. Code § 8.01-5 as to direct actions against insurance company.

Direct Actions-Cases

1973 Willard v. Aetna Cas. & Sur. Co., 213 Va. 481, 193 S.E.2d 776.

Direct action statute of North Carolina applied in this case.

1967 Richmond, F.P.R.R. v. Hughes-Keegan, Inc., 207 Va. 765, 152 S.E.2d 28.

Insurance policy intended to cover defendant’s performance of its undertaking with railroad as set forth in indemnity clause. Railroad was thus third-party beneficiary under Va. Code § 55-22 and could sue insurance company on this theory. This, however, was not direct action on tort theory.

1964 Hudgins v. Jones, 205 Va. 495, 138 S.E.2d 16.

Not error to dismiss defendant’s insurance company since insurance company had no liability until defendant held liable.