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 Cancellation of Coverage and the related topic of personal injury.  For more information about insurance see the pages on Wikipedia. 

Insurance Cancellation of Coverage-Cases

1993 Motley v. Regal Ins. Co., 245 Va. 97, 425 S.E.2d 506. 

Carrier properly canceled auto coverage pursuant to Va. Code § 38.2-2208. Plaintiff alleged that there was no direct evidence that carrier had signed this certification on notice of cancellation on December 6, and therefore notice did not terminate her insurance. In this case, carrier’s witness explained procedures insurance company utilizes to generate documents, and that was sufficient for trial court to conclude that statutory requirements had been complied with. 

1981 Harris v. Criterion Ins. Co., 222 Va. 496, 281 S.E.2d 878. 

Negotiation of money order for delinquent premium payment did not estop insurer from denying coverage after cancellation of policy. Estoppel applies when insured can prove he justifiably relied on insurer’s conduct and was misled into believing policy was still in force. 

1965 National Union Fire Ins. Co. v. Dixon, 206 Va. 568, 145 S.E.2d 187. 

Plaintiff insured by defendant. Accident occurred on December 31, 1963. Defendant claimed to have cancelled policy as of 12:00 on December 31, 1963. Notice of insurance cancellation of coverage sent by agent was ineffective since it was not shown that agency had authority to cancel.