What are the elements of a “bad faith” claim against an insurance company?

Posted Posted in Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death

If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the policy limits resulting in a judgment exceeding those policy limits then it may be liable for the excess judgment under Virginia law.   Given the risks, complexities and costs of litigation, it may be appropriate […]

Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate 3rd party insurance contract

Posted Posted in Contract Law, General, Litigation, Negligence, Personal Injury Law

Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate third-party insurance contract.   Question: Does the defendant have to pay for all damages resulting from his negligence even if a third party has already paid for the damage or if covered by a separate […]

My down payment was stolen in a email/internet/wire scam before the closing – what can I do?

Posted Posted in Contract Law, General, Litigation

Q:   My down payment was stolen in a email/internet/wire scam before the closing – what can I do? A:   Act quickly!  Notify the FBI, call the fraud division of your bank and the recipient bank, get legal counsel!    The basic scam works like this.  The scammer obtains confidential information related to the […]

Do I have to pay back my insurance company for medical expenses from my settlement or recovery for personal injuries in Virginia?

Posted Posted in Contract Law, Personal Injury Law

Do I have to pay back my insurance company for the medical expenses from my settlement or recovery for personal injuries in Virginia?   Generally, the answer is “NO”.  In Virginia, the public policy as set out by the legislature in § 38.2-3405 states that it is unlawful for an insurance contract providing hospital, medical, […]

“Blue-Pencil” Clauses in Virginia

Posted Posted in Contract Law

Virginia Courts will not re-write or strike out, or “blue-pencil” restrictive covenants. Traditionally an editor would use a blue pencil to make corrections to written copy since the corrections would not show up in a number of older lithographic or photographic reproduction processes.  The courts adopted the phrase “blue-pencil” test to describe a court striking […]

Summary of the law of non-competition in Virginia

Posted Posted in Contract Law, Employment Law, General, Non-Competition

Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his employer. Restatement (Second) of Agency § 393 (1958). Thus, upon the termination of the relationship, the employee may compete with his employer unless a valid non-compete agreement prohibits such conduct. See Hilb, Rogal & Hamilton […]