Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Insurance Agents. For more information about insurance agency see the pages on Wikipedia.

Insurance Agents-Statutes

See Va. Code § 38.2-1801 indicating that person soliciting insurance is deemed company agent. 

See Va. Code § 38.2-1808 indicating that no agent or company representative of any insurance company shall make any contract of insurance other than that which is plainly expressed in policy. 

Insurance Agents-Cases

2005 Autumn Ridge, L.P. v. Acordia of Va. Ins. Agency, Inc., 270 Va. 83, 613 S.E.2d 435. 

Twelve limited partnerships alleged negligence and breach of contract by insurance broker in failing to name them as insureds on a policy. Since they had no damages occasioned by a loss, their measure of damages was the premiums paid. 

2002 Acordia of Va. Ins. Agency, Inc. v. Genito Glenn, L.P., 263 Va. 377, 560 S.E.2d 246. 

Owner of apartment complex sued insurance services company and insurance carrier for failure to include it on builder’s risk policy. Owner subsequently sought to recover damages as a result of problems with structural integrity of building. Owner was found to have principal and agent relationship with the insurance services company which had contracted with the insurance carrier to include owner as named insured on builder’s risk policy. As such, owner had privity of contract with insurer and was allowed to recover damages for insurer’s alleged negligent performance in not listing the owner on insurance policy.