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Virginia Insurance Coverage:  Supreme Court interprets auto policy’s workers compensation exclusion

In Christy v. Mercury Casualty Company, No. 102138 (March 2, 2012), the Supreme Court of Virginia held that an exclusion in an automobile insurance policy barred the insured from receiving any payment for medical expenses where a portion of medical expenses had already been paid by workers' compensation benefits.… Read More
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Tolling the statute of limitations for change-in-condition applications under Virginia Act

In Ford Motor Company v. Gordon, 281 Va. 543, 708 S.E. 2d 846 (2011), the Court considered the proper interpretation of Va. Code sec. 65.2-708(A) and 65.2-708(C), which govern the tolling of the statute of limitations for filing a change-in-condition application for workers’ compensation benefits. The Court held that… Read More
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Virginia Workers Compensation:  Court affirms successful res judicata defense

In Brock v. Voith Siemen Hydro Power Generation et al., No. 0428-11-3 (Va. App. Nov. 1, 2011), the Court affirmed a decision by the Virginia Workers Compensation Commission that the claimant was barred by res judicata from litigating injuries he alleged in his initial claim but did not raise at his evidentiary hearing. As a… Read More
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Presumption that death on the job was work-related held not to apply in Virginia comp appeal

In Puller v. Fairfax County School Board, No. 0886-11-4 (Va. App. 2011), the Court affirmed the Commission’s denial of workers’ compensation benefits to a widow whose husband died of a heart attack while performing his job as a mail delivery truck driver. The decedent, who worked for the School Board, was found… Read More
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Virginia Workers Compensation award reversed because employer had insufficient number of employees

In Ragland v. Muguruza, No. 0524-11-4 (Va. App. 2011), the Court reversed the Virginia Workers Compensation Commission’s award of benefits, on the grounds that there was insufficient evidence that Ragland, the employer, had three or more employees “regularly in service” at the time of the accident, and thu… Read More
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Insurer’s Late Notice Defense in Virginia: Dabney v. Augusta Mutual Ins. Co.

In Dabney v. Augusta Mutual Insurance Co., 282 Va. 78, 710 S.E.2d 726 (2011), the Virginia Supreme Court held that the question whether the insured gave the insurer notice of the claim “as soon as is practicable” was a question for the jury, notwithstanding the insured’s 254-day delay in providing notice.… Read More
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Categories: Defenses, Insurance, Virginia

Innocent Insureds provision held not to save coverage for accounting firm for employee theft

In Bryan Brothers Inc. v. Continental Casualty Co., No. 10-1439 (4th Cir. March 24, 2011)(published per order filed Sept. 6, 2011), the Court held that the prior knowledge provision in an accounting firm’s professional liability policy was a clear and unambiguous condition precedent to recovery under the policy for th… Read More
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Categories: Insurance, Virginia

Virginia Court of Appeals nixes 6 person spa pool as treatment under workers compensation

In Portsmouth School Board v Harris, No. 0026-11-1 (Va. App. July 19, 2011), the Court reversed a decision by the Virginia Workers Compensation Commission, which held that the employer was responsible for paying for a six-person spa pool purchased by the claimant, as physician-ordered treatment which was reasonable, necessa… Read More
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Legal malpractice insurer breached duty to defend, affirms 4th Circuit

In Minnesota Lawyers Mutual Insurance Co. v. Batzli, Nos. 10-1684, 10-1839, 10-1910 (4th Cir. Aug. 4, 2011)(unpublished), the 4th Circuit affirmed the trial court’s denial of a post-trial motion for judgment as a matter of law, made by the insurer, that challenged the jury’s verdict that the insurer breached its… Read More
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Virginia Court of Appeals denies workers compensation award during work furlough

In Utility Trailer Manufacturing Company and Liberty Insurance Corporation v. Testerman, No. 1484-10-3 (Va. App. July 12, 2011), the Court considered the issue whether a furlough from work of pre-defined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, ju… Read More
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