Tort Law

The cases cited below are from the Virginia Supreme Court and are summarized by Brien Roche. They deal with the topic of insurance denial of coverage and the related topic of personal injury. For more information about insurance see the pages on Wikipedia.

Insurance Denial Of Coverage-Cases

2000 Craig v. Dye, 259 Va. 533, 526 S.E.2d 9.

Personal liability insurance policy allowed insurer to deny coverage if insured refused to perform certain duties. In this case, insured simply failed to perform those duties but did not refuse and therefore, coverage is available. In this case, insurer first received notice of accident from defendant’s father nearly two years after accident. The insured justified that by contending that he did not think that coverage applied. There was no refusal to give notice but simply a failure and the policy is premised upon a refusal and therefore, there is coverage.

1994 Liberty Mutual Ins. Co. v. Eades, 248 Va. 285, 448 S.E.2d 631.

Liberty Mutual denied coverage in auto claim. Plaintiff filed suit and defendant agreed to consent judgment for $40,000.00 and then assigned judgment to plaintiff. In suit against Liberty, issue of reasonableness of judgment may not be raised. Only issues to be decided are coverage and whether or not there has been fraud or collusion in obtaining judgment. In this case judgment entered against Liberty.

1971 State Farm Ins. Co. v. Long, 212 Va. 234, 183 S.E.2d 138.

Insurance denial of coverage.Plaintiff ran large truck farming business. Plaintiff transferred some vehicles to his son. Defendant claims that notice of transfer was necessary. Burden on insurance company to prove loss excluded; verdict for plaintiff.