Insurance Law in Virginia

Insurance Law in Virginia
Publication Date: 2015
Electronic Forms: 9
Available Formats: Print (786 pages, softcover, 1 volume)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 875

Information

Content Highlights:
  • Insurance Contracts
  • Agents and Brokers
  • The Tripartite Relationship
  • Duty of Good Faith
  • Misrepresentations
  • Forfeiture, Waiver, and Estoppel
  • Practice and Proceedure
  • Motor Vehicles (5 chapters!)
  • Fire Insurance
  • Professional Liabiity Insurance
  • Homeowners Insurance
  • Commercial General Liability Insurance
  • Commercial Property Insurance
  • Directors' and Officers' Insurance

Insurance Law in Virginia covers insurance law topics most frequently encountered by Virginia practitioners. Written by authors who represent insurers and those who represent insureds, this book provides valuable insight into the investigative process when there has been a loss, about how values are determined, about what it means to be self-insured, and why some businesses find self-insurance a viable option.

Do you have a motor vehicle accident practice? Motor vehicle insurance get extensive coverage, including:

  • Bodily Injury and Property Damage Liability
  • Uninsured and Underinsured Motorists
  • Medical Expenses
  • Physical Damage
  • Rental Vehicles and Self-Insureds

The 2015 edition includes 9 ready-to-use electronic forms and is published in our new 7" x 10" softcover format.


New Multi-Book Discount. Buy ANY 2 books and save 20%, 3 books and save 30%, 4 or more and save 40%. Use coupon code BUYMORE.
Government Attorney? Receive a 30% discount on publications, and a 50% discount on most seminars.
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You may also be interested in:


Virginia Civil Practice Forms

A Guide to the Rules of Evidence in Virginia

Objections: Interrogatories, Depositions, and Trial

Civil Discovery in Virginia

Appellate Practice - Virginia and Federal Courts

Attorney Fees and Sanctions - Virginia and Federal Courts

The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner's Guide

The Virginia Arbitration Roadmap

Workers' Compensation Practice in Virginia
     

 

Table of Contents

CHAPTER LIST

1. Insurance Contracts

2. Agents and Brokers

3. The Tripartite Relationship

4. Duty of Good Faith

5. Misrepresentations

6. Forfeiture, Waiver, and Estoppel

7. Practice and Proceedure

8. Motor Vehicles: Bodily Injury and Property Damage Liability Insurance

9. Motor Vehicles: Uninsured and Underinsured Motorist Insurance

10. Motor Vehicles: Medical Expense Insurance

11. Motor Vehicles: Physical damage Insurance

12. Motor Vehicles: Rental Vehicle Insurance and Self-Insureds

13. Fire Insurance

14. Professional Liabiity Insurance

15. Homeowners Insurance

16. Commercial General Liability Insurance

17. Commercial Property Insurance

18. Directors' and Officers' Insurance



CHAPTER 1: INSURANCE CONTRACTS  (back to top)

1.1 IN GENERAL

1.2 FORM AND REQUISITES
    1.201 Offer and Acceptance
    1.202 Essential Terms
    1.203 Insurable Interest
    1.204 Title 38.2 of the Virginia Code

1.3 CONSTRUCTION
    1.301 In General
    1.302 Ambiguity
    1.303 Exclusions and Incontestability Clauses
    1.304 Punitive Damages

1.4 TERMINATION BY CANCELLATION, SURRENDER,
OR RESCISSION
    1.401 In General
    1.402 Definitions
    1.403 Requirements for Effective Cancellation by the Insurer
    1.404 Notice to a Loss Payee
    1.405 Cancellation by the Insured; “Free Look” Provisions
    1.406 Cancellation by Mutual Consent
    1.407 Review by the Commissioner

1.5 REFORMATION AND RENEWAL
    1.501 Reformation
    1.502 Renewal

CHAPTER 2: AGENTS AND BROKERS  (back to top)

2.1 INTRODUCTION

2.2 DEFINITIONS
    2.201 In General
    2.202 Traditional Distinction Between “Agent” and “Broker”
    2.203 Statutory Definitions
    2.204 “Broker” Versus “Consultant”

2.3 STATUTORY DUTIES AND OBLIGATIONS
    2.301 In General
    2.302 Licensing Requirements
    2.303 Policy Language
    2.304 Financial Duties and Obligations
    2.305 General Trade Practices
    2.306 Penalties

2.4 COMMON LAW DUTIES
    2.401 In General
    2.402 Duty of Good Faith
    2.403 Other Duties

2.5 LIABILITY AND DEFENSES
    2.501 Overview
    2.502 Parties
    2.503 Jurisdiction
    2.504 Tort Liability to an Insured
    2.505 Contract Liability to an Insured
    2.506 Defenses
    2.507 Damages
    2.508 Examples and Particular Problem Areas
    2.509 Liability of Agents to Insurers
    2.510 Liability of Brokers to Insurers
    2.511 Attorney Fees

2.6 SURPLUS LINES INSURANCE BROKERS
    2.601 Definitions
    2.602 Statutory Requirements

CHAPTER 3: THE TRIPARTITE RELATIONSHIP  (back to top)

3.1 OVERVIEW

3.2 THE INSURED-INSURER RELATIONSHIP

3.3 THE COUNSEL-INSURER RELATIONSHIP

3.4 THE COUNSEL-INSURED RELATIONSHIP

3.5 CONFLICTS
    3.501 In General
    3.502 Coverage
    3.503 Negotiation and Settlement

3.6 CONFIDENTIALITY
    3.601 In General
    3.602 Third-Party Audits and Reviews—Legal Ethics
    Opinion No. 1723

3.7 INDEPENDENCE

3.8 STAFF COUNSEL

3.9 CONCLUSION

CHAPTER 4: DUTY OF GOOD FAITH  (back to top)

4.1 INTRODUCTION

4.2 FIRST-PARTY ACTIONS
    4.201 Relationship Between the Insurance Company and
    the Insured
    4.202 Good Faith Standard
    4.203 Legal Basis of Liability for Bad Faith
    4.204 Defenses
    4.205 Bifurcation and Discovery
    4.206 Question for Judge or Jury?
    4.207 Damages

4.3 THIRD-PARTY ACTIONS
    4.301 Relationship Between the Insurance Company and
    the Insured
    4.302 Good Faith Standard
    4.303 Legal Basis of Liability for Bad Faith
    4.304 Defenses
    4.305 Bifurcation and Discovery
    4.306 Question for Judge or Jury?
    4.307 Damages

4.4 ACTIONS BY THIRD-PARTY BENEFICIARIES

4.5 ACTIONS BY A SECONDARY INSURER AGAINST A PRIMARY
INSURER

4.6 CONCLUSION

APPENDIX 4-1: KEY DATES UNDER VIRGINIA’S UNFAIR CLAIM
SETTLEMENT PRACTICES REGULATIONS

CHAPTER 5: MISREPRESENTATIONS  (back to top)

5.1 OVERVIEW

5.2 MISREPRESENTATIONS IN THE APPLICATION PROCESS
    5.201 Rationale Behind the Rule in the Application Process
    5.202 Section 38.2-309 of the Virginia Code

5.3 MISREPRESENTATIONS IN THE CLAIM PROCESS
    5.301 Rationale Behind the Rule in the Claim Process
    5.302 False Swearing Provisions

CHAPTER 6: FORFEITURE, WAIVER, AND ESTOPPEL  (back to top)

6.1 FORFEITURE
    6.101 Overview
    6.102 Bases for Forfeiture

6.2 SUBSTANTIAL COMPLIANCE

6.3 WAIVER AND ESTOPPEL
    6.301 General Principles
    6.302 Payment of Premiums
    6.303 Knowledge of the Agent or Insurer
    6.304 Misrepresentation and Mistake
    6.305 Delay
    6.306 Examples of Specific Policy Provisions
    6.307 Waiver of Defenses by Failure to Comply with Statute

6.4 STATUTORY REQUIREMENTS
    6.401 In General
    6.402 Liability Insurance
    6.403 Fire Insurance
    6.404 Accident and Sickness Insurance Policies
    6.405 Life Insurance

CHAPTER 7: PRACTICE AND PROCEDURE  (back to top)

7.1 OVERVIEW

7.2 DECLARATORY JUDGMENTS
    7.201 In General
    7.202 Purpose
    7.203 Initiation
    7.204 Virginia State Court
    7.205 Federal Court

7.3 RESERVATION OF RIGHTS
    7.301 In General
    7.302 Purpose
    7.303 Statutory Language
    7.304 Scope
    7.305 Estoppel and Waiver

7.4 REIMBURSEMENT AND SUBROGATION (OTHER THAN
FIRE INSURANCE)
    7.401 Comparison
    7.402 Subrogation
    7.403 Statutory Provisions Affecting Subrogation
    7.404 Proceedings
    7.405 Reimbursement
    7.406 Workers’ Compensation
    7.407 Miscellaneous Case Law

7.5 MISCELLANEOUS
    7.501 Disclosure of Policy Limits
    7.502 Electronic Notification
    7.503 Website Access to Forms and Endorsements

APPENDIX 7-1: COMPLAINT

CHAPTER 8: MOTOR VEHICLES: BODILY INJURY AND
PROPERTY DAMAGE LIABILITY INSURANCE
  (back to top)

8.1 THE AUTOMOBILE LIABILITY INSURANCE POLICY
    8.101 Introduction
    8.102 How to Read the Policy

8.2 STATUTORY REQUIREMENTS
    8.201 In General
    8.202 Insurance Is Not Mandatory
    8.203 Minimum Limits Not Required
    8.204 Section 38.2-2204—The Omnibus Statute
    8.205 Other Requirements of Chapter 22 of Title 38
    8.206 Certified Policies

8.3 VEHICLES AND PERSONS INSURED
    8.301 In General
    8.302 Motor Vehicles
    8.303 Persons

8.4 RISKS COVERED
    8.401 Ownership, Maintenance, and Use
    8.402 Policy Exclusions in General
    8.403 Statutory Exclusions
    8.404 Bureau of Insurance Exclusions

8.5 THE INSURER’S OBLIGATIONS
    8.501 In General
    8.502 Basic Policy Coverage
    8.503 Limits of Liability
    8.504 Duty to Defend
    8.505 Punitive Damages
    8.506 Supplementary Payments
    8.507 Multiple Coverages and Policy Limits
    8.508 Out-of-State Endorsements

8.6 THE INSURED’S OBLIGATIONS
    8.601 In General
    8.602 Notice
    8.603 Cooperation
    8.604 Breach of Notice and Cooperation Conditions

8.7 CANCELLATION AND RENEWAL
    8.701 Introduction
    8.702 Applicable Statutes
    8.703 Cancellation and Refusal to Renew
    8.704 Review by the Commissioner of Insurance
    
APPENDIX 8-1: ANALYSIS OF AUTHORITY—CASES FROM
OTHER STATES—SUMMARY OF JURISDICTIONS

CHAPTER 9: MOTOR VEHICLES: UNINSURED AND
UNDERINSURED MOTORIST INSURANCE
  (back to top)

9.1 INTRODUCTION

9.2 STATUTORY ANALYSIS
    9.201 When Uninsured Motorist Coverage Must Be Provided
    9.202 “Insured” Defined
    9.203 “Uninsured Motor Vehicle” Defined
    9.204 Geographical Scope of Uninsured Motorist Coverage
    9.205 What Coverage Is Provided
    9.206 What Triggers Coverage

9.3 FILING AN UNINSURED MOTORIST LAWSUIT
    9.301 Prompt Report of a John Doe Accident
    9.302 Service of Process
    9.303 Venue
    9.304 Statute of Limitations
    9.305 Choice of Law
    9.306 Federal Cases

9.4 RIGHTS AND OBLIGATIONS OF UNINSURED MOTORIST
CARRIERS
    9.401 Duty to Pay
    9.402 Right to File Pleadings and Make Defenses in General
    9.403 Right to File Pleadings and Make Defenses in John
    Doe Actions
    9.404 No Duty to Furnish Information to the Insured
    9.405 Duty to Defend and Settle Claims
    9.406 Effect of the Failure of the Uninsured Motorist to Testify
    9.407 Disclosure of Insurance Coverage Prohibited
    9.408 Consent to Settlement Clauses
    9.409 Liability for Defense Costs After Irrevocable Offer of
    Policy Limits by Liability Insurer
    9.410 Arbitration
    9.411 Medical Examinations

9.5 STACKING OF UNINSURED MOTORIST CLAIMS
    9.501 Inter-Policy Stacking
    9.502 Intra-Policy Stacking

9.6 PRIORITY OF UNINSURED MOTORIST COVERAGES
    9.601 Multiple Uninsured Motorist Coverages
    9.602 Virginia Property and Casualty Insurance
    Guaranty Association

9.7 SETTLEMENTS AND JUDGMENTS IN UNINSURED
CLAIMS
    9.701 Judgment
    9.702 Contribution
    9.703 Subrogation
    9.704 Joint Tortfeasors
    9.705 Items Recoverable

9.8 RELATIONSHIP OF UNINSURED MOTORIST COVERAGE
TO WORKERS’ COMPENSATION

9.9 UNDERINSURED MOTORIST COVERAGE
    9.901 Historical Development
    9.902 “Underinsured Motor Vehicle” Defined
    9.903 Calculation of Underinsured Motorist Limits
    9.904 When and to Whom Coverage Is Applicable

9.10 FILING AN UNDERINSURED MOTORIST LAWSUIT

9.11 RIGHTS AND OBLIGATIONS OF UNDERINSURED
MOTORIST CARRIERS

9.12 STACKING OF UNDERINSURED CLAIMS
    9.1201 Inter-Policy Stacking
    9.1202 Intra-Policy Stacking

9.13 PRIORITY OF UNDERINSURED MOTORIST COVERAGES

9.14 SUBROGATION AND RELEASE OF UNDERINSURED
CLAIMS

9.15 RELATIONSHIP OF UNDERINSURED MOTORIST
COVERAGE TO WORKERS’ COMPENSATION

CHAPTER 10: MOTOR VEHICLES: MEDICAL EXPENSE
INSURANCE
  (back to top)

10.1 INTRODUCTION

10.2 OFFER OF COVERAGE

10.3 WHO IS COVERED?
    10.301 Statutory Coverage
    10.302 “Motor Vehicle” Defined
    10.303 “Resident Relative” Defined
    10.304 “Occupying” a Motor Vehicle
    10.305 “Alighting From” a Motor Vehicle
    10.306 “Upon” a Vehicle
    10.307 Being Struck by a Motor Vehicle While Not Occupying
    a Motor Vehicle
    10.308 Shooting Cases
    10.309 Policy Provisions

10.4 WHAT IS COVERED?
    10.401 In General
    10.402 “Reasonable”
    10.403 “Necessary”
    10.404 “Incurred”

10.5 AMOUNTS OF COVERAGE
    10.501 Medical Expenses
    10.502 Loss of Income Expenses
    10.503 Stacking

10.6 EXCLUSIONS
    10.601 In General
    10.602 Workers’ Compensation
    10.603 Vehicle Furnished for Regular Use
    10.604 Combined Effect of Exclusions

10.7 PRIORITY OF COVERAGE

10.8 WRITE-OFFS

10.9 CREDITS

10.10 OFFSETS

10.11 SUBROGATION

10.12 CONDITIONS
    10.1201 Payment to the Injured Person or Pursuant to an
    Assignment of Benefits
    10.1202 Independent Medical Examination
    10.1203 Notice

10.13 ASSIGNED RISK POLICIES

APPENDIX 10-1: MEDPAY LETTER 1

APPENDIX 10-2: MEDPAY LETTER 2

APPENDIX 10-3: SCC MEDICAL EXPENSE ENDORSEMENT

APPENDIX 10-4: PAP FORM

CHAPTER 11: MOTOR VEHICLES: PHYSICAL DAMAGE
INSURANCE
  (back to top)

11.1 OVERVIEW

11.2 POLICY LANGUAGE IN GENERAL
    11.201 Scope of Coverage
    11.202 Definitions
    11.203 Exclusions

11.3 DAMAGES
    11.301 In General
    11.302 Measure of Damages
    11.303 Types of Losses
    11.304 Newly Acquired Vehicles

11.4 DUTIES OF THE INSURED
    11.401 The Duty of Notification
    11.402 The Duty of Cooperation
    11.403 Proof of Loss
    11.404 Examination Under Oath
    11.405 Protection of Salvage
    11.406 Consent to Settlement

CHAPTER 12: MOTOR VEHICLES: RENTAL VEHICLE
INSURANCE AND SELF-INSUREDS
  (back to top)

12.1 LEGISLATIVE STRUCTURE FOR LIABILITY AND
UNINSURED MOTORIST POLICY COVERAGE

12.2 SELF-INSUREDS

12.3 RENTAL AGREEMENTS AND INSURANCE POLICIES
    12.301 Rental Agreements
    12.302 Personal Automobile Policies
    12.303 Garagekeepers’ Policies
    12.304 Miscellaneous Issues
    12.305 Practical Considerations

CHAPTER 13: FIRE INSURANCE  (back to top)

13.1 THE POLICY
    13.101 In General
    13.102 Coverages
    13.103 Exclusions
    13.104 Insurable Interest

13.2 THE INSURED’S DUTIES IN THE EVENT OF A LOSS
    13.201 Notice of Loss
    13.202 Protection of the Insured Property
    13.203 Separation of the Insured Property
    13.204 Inventory
    13.205 Proof of Loss
    13.206 Exhibition of Property
    13.207 Examination Under Oath and Production of Records
    13.208 Effect of Failure to Cooperate

13.3 CONCEALMENT AND FRAUD
    13.301 In General
    13.302 Basis of the Defense
    13.303 Affirmative Defense
    13.304 Burden of Proof
    13.305 Arson
    13.306 Misrepresentation and Concealment
    13.307 Effect of the Insured’s Fraud, Concealment,
    or Misrepresentation
    13.308 “Insanity” as a Defense to the Insured’s Misconduct
    
13.4 THE RIGHTS OF THE “INNOCENT” COINSURED
    13.401 In General
    13.402 The Language of the Policy Is Controlling
    13.403 Policy Language Excluding Coverage to the Innocent
    Coinsured

13.5 MORTGAGEES AND ADDITIONAL INSUREDS
    13.501 Additional Insureds and Loss Payees
    13.502 Rights and Duties of a Mortgagee

13.6 PAYMENT OF LOSS
    13.601 Timing of Payment
    13.602 Rules
    13.603 Actual Cash Value
    13.604 Replacement Cost
    13.605 Appraisal
    13.606 Option to Replace

13.7 SUIT AGAINST THE COMPANY
    13.701 Statutory Requirement
    13.702 Relationship to the Loss Payable Provision
    13.703 Relationship to Replacement Coverage
    13.704 Applicability to Bad Faith Claim
    13.705 Intervention and Relation Back
    13.706 Tolling of the Limitation Period

13.8 SUBROGATION
    13.801 The Existence of the Right
    13.802 Limitations upon the Right

APPENDIX 13-1: MARTIN VERSUS STATE FARM GENERAL
INSURANCE CO. (UNPUBLISHED)

APPENDIX 13-2: GUIDELINES FOR APPRAISERS AND UMPIRE

APPENDIX 13-3: OUTLINE OF EXAMINATION UNDER OATH FOR
BUILDING LOSS CAUSED BY ARSON

APPENDIX 13-4: SAMPLE LETTER—REQUEST FOR EXAMINATION
AND DOCUMENTATION

APPENDIX 13-5: AUTHORIZATION

CHAPTER 14: PROFESSIONAL LIABILITY INSURANCE  (back to top)

14.1 INTRODUCTION

14.2 ATTORNEYS
    14.201 In General
    14.202 Contents of the Policy
    14.203 Policy Limits
    14.204 The Insurable Event
    14.205 Who Is Covered
    14.206 What Is Covered
    14.207 Policy Exclusions
    14.208 Conditions of the Policy
    14.209 The Duty to Defend
    14.210 Duty to Act in Good Faith
    14.211 Other Insurance

14.3 HEALTH CARE PROVIDERS
    14.301 Contents of the Policy
    14.302 Who Is Covered
    14.303 What Is Covered
    14.304 Medical Malpractice Cap
    14.305 Private Liability Insurance
    14.306 Self-Insured Programs
    14.307 Medical Malpractice Joint Underwriting Association
    14.308 Birth-Related Neurological Injury Compensation
    Program
    14.309 State Funded Medical Malpractice Insurance
    
14.4 OTHER PROFESSIONALS
    14.401 In General
    14.402 The Insurable Event
    14.403 Who Is Covered
    14.404 What Is Covered
    14.405 Policy Exclusions
    14.406 Conditions of the Policy
    14.407 Other Terms of the Policy

14.5 CONCLUSION

APPENDIX 14-1: COMPLAINT FOR DECLARATORY RELIEF

CHAPTER 15: HOMEOWNERS INSURANCE  (back to top)

15.1 INTRODUCTION

15.2 WHAT IS HOMEOWNERS INSURANCE?
    15.201 “Homeowners Insurance” Defined
    15.202 Statutory Provisions
    15.203 Contractual Limitation Period
    15.204 Replacement Cost Endorsement
    15.205 “Actual Cash Value”

15.3 PROPERTY COVERAGE
    15.301 Personal Property Coverage
    15.302 Structure Coverage
    15.303 Ensuing Loss Doctrine
    15.304 Location of Personal Property
    15.305 Additional Living Expenses
    15.306 Coverage After the Homeowner’s Death
    15.307 Rights of the Mortgagee and Loss Payee
    15.308 Independent Agents
    15.309 The Homeowner’s Duties After Loss
    15.310 Examination Under Oath
    15.311 Defenses to a Homeowner’s Claim

15.4 LIABILITY COVERAGE
    15.401 Personal Liability
    15.402 Exclusions
    15.403 Motor Vehicle Exclusion
    15.404 Business Pursuits Exclusion
    15.405 Reservation of Rights

15.5 MEDICAL PAYMENTS COVERAGE

15.6 TOXIC MOLD COVERAGE

15.7 CHINESE DRYWALL COVERAGE

APPENDIX 15-1: SAMPLE ANSWER, WITH AFFIRMATIVE
DEFENSES, FOR AN INSURANCE CLAIM LAWSUIT
WHERE ARSON AND FRAUD ARE SUSPECTED

CHAPTER 16: COMMERCIAL GENERAL LIABILITY INSURANCE  (back to top)

16.1 INTRODUCTION

16.2 “FORTUITOUS LOSS”

16.3 TYPES AND STRUCTURE OF POLICIES
    16.301 In General
    16.302 The Declarations Page
    16.303 The Insuring Agreement
    16.304 Who Is Insured
    16.305 Limits of Liability
    16.306 Definitions
    16.307 Conditions
    16.308 Endorsements
    16.309 Exclusions

16.4 THE INSURER’S DUTIES
    16.401 The Duty to Defend
    16.402 The Duty to Indemnify

16.5 THE INSURED’S DUTIES
    16.501 In General
    16.502 Notice
    16.503 The Duty to Cooperate with the Insurer
    16.504 Payment of Premiums

16.6 TRIGGERS OF COVERAGE
    16.601 In General
    16.602 Manifestation Theory
    16.603 Exposure Theory
    16.604 Continuous Trigger Theory
    16.605 Injury-in-Fact Theory

16.7 RULES OF POLICY INTERPRETATION
    16.701 In General
    16.702 Clear Language Is Enforced as Written
    16.703 Intent of the Parties
    16.704 Ambiguities, Parol Evidence, and Construction Against
    the Drafter
    16.705 Burden of Proof

CHAPTER 17: COMMERCIAL PROPERTY INSURANCE  (back to top)

17.1 INTRODUCTION

17.2 THE BASIC POLICY
    17.201 Definition of Covered Property
    17.202 Covered Causes of Losses
    17.203 Excluded Causes of Loss
    17.204 Fortuity and Other Related Doctrines
    17.205 Policy Limits
    17.206 Coinsurance

17.3 ADJUSTING THE LOSS AND BAD FAITH

17.4 BOILER AND MACHINERY POLICIES

17.5 BUSINESS INTERRUPTION COVERAGE
    17.501 In General
    17.502 Coverages
    17.503 Causes of Loss
    17.504 Measure of Loss

17.6 NOTICE AND SUIT

CHAPTER 18: DIRECTORS’ AND OFFICERS’ INSURANCE  (back to top)

18.1 INTRODUCTION
    18.101 Purpose
    18.102 “Claims Made” Coverage

18.2 PHYSICAL STRUCTURE OF THE POLICY
    18.201 Overview
    18.202 Declarations
    18.203 Endorsements
    18.204 Policy Form

18.3 INSURER’S DUTIES

18.4 INSURED’S DUTIES
    18.401 Duty to Give Notice
    18.402 Duty to Cooperate

18.5 SPECIAL ISSUES
    18.501 Misrepresentation in the Insurance Application
    18.502 Securities Claims
    18.503 Bankruptcy of the Organization
    18.504 Self-Insured Retentions and the Duty to Defend
    18.505 Side A Policies
    18.506 Coverage for Service to an Unrelated Entity
    18.507 Alternative Dispute Resolution

TABLE OF AUTHORITIES

INDEX

 

Authors

Editors

Howard C. McElroy, McElroy, Hodges & Caldwell, PC / Abingdon (Expand/Collapse Bio)

Howard C. McElroy, co-editor of this handbook and co-author of Chapter 13, specializes in civil litigation with emphases in the areas of insurance coverage and products liability. He is a fellow of the American Bar Foundation and a fellow of the Virginia Law Foundation. Mr. McElroy has been listed in The Best Lawyers in America in the specialty of insurance law since 2007 and in Virginia Super Lawyers in the practice area of civil litigation defense since 2008. He is a member of the Judicial Conference of the United States Court of Appeals for the Fourth Circuit and a member of the Boyd Graves Conference. He is a member and past President of the Virginia Association of Defense Attorneys and a member and past Executive Committee member of The Virginia Bar Association. Mr. McElroy also is a member of the American Board of Trial Advocates (Virginia Chapter), the International Association of Defense Counsel, the Association of Defense Trial Attorneys, the Defense Research Institute, the American Bar Association, and the Virginia State Bar. He has lectured for continuing legal education seminars on insurance law. Mr. McElroy earned a B.S. degree from the United States Military Academy, West Point, New York, and a J.D. degree from Georgetown University Law Center, Washington, D.C.

John M. Claytor, Harman Claytor Corrigan & Wellman, PC / Richmond (Expand/Collapse Bio)

John M. Claytor, co-editor of this handbook, primarily concentrates his practice in property, bad faith and insurance coverage, and dispute litigation. He earned a B.S. in 1976 from the University of Virginia and a J.D. in 1979 from the University of Richmond, where he was a member of the Law Review and the McNeill Law Society. Mr. Claytor was admitted to the Virginia State Bar in 1979 and has been admitted to the federal district and appellate courts in Virginia. He is a member of the Richmond, Henrico County, Federal, and American Bar Associations, the Virginia State Bar (Member, Special Committee to Study the Virginia State Bar’s Future Role in Lawyer Malpractice Insurance, 1989), the Virginia Association of Defense Attorneys (Immediate Past President, 1994-1995), and the Defense Research Institute (State Chairman, 1988-1992; DRI Exceptional Performance Citation Award 1994). Mr. Claytor is also a member of the Federation of Insurance and Corporate Counsel, the International Association of Defense Counsel, Claims & Litigation Management Alliance, and a past member of the Steering Committee of the Boyd-Graves Conference. He was awarded the Virginia Association of Defense Attorneys’ Robert M. Furniss, Jr. Award in 1994. He has been honored by Virginia Super Lawyers, Insurance Coverage (2007-2014), Top 50 Lawyers in Virginia (2008), Top 100 Lawyers in Virginia (2013 & 2014), Virginia Super Lawyers, Business Edition, Insurance Coverage (2009-2014), The Best Lawyers in America, Insurance Law (2007-2015), Lawyer of the Year—Richmond, Virginia— Insurance Law (2014), and is Martindale-Hubbell AV Rated. Mr. Claytor is an author and frequent lecturer on insurance coverage and property topics.

Authors

Charles M. Allen, Goodman Allen & Filetti, PLLC / Richmond (Expand/Collapse Bio)

Charles M. Allen, author of Chapter 3, specializes in commercial litigation, including intellectual property and technology litigation, products liability, and medical malpractice defense. He earned a B.S. from the United States Military Academy in 1976 and a J.D., cum laude, from Harvard Law School in 1982. He is admitted to the Massachusetts and Virginia Bars, the United States Supreme Court, the United States Courts of Appeals for the Fourth Circuit, the District of Columbia Circuit, and the Federal Circuit, the United States District Courts for the Eastern and Western Districts of Virginia, the District of Columbia, the District of Massachusetts, and the Western District of Michigan, as well as the United States Patent and Trademark Office. Mr. Allen was a Judge Advocate officer in the Army from 1982 until 2004 when he retired from the United States Army Reserve in the grade of Colonel. He has served as an adjunct professor at the Judge Advocate General of the Army’s School in Charlottesville, the T.C. Williams Law School, and the Liberty University School of Law. He has also served on the Virginia State Bar Mandatory Continuing Legal Education Committee, as a faculty member for the Virginia State Bar’s Mandatory Professionalism Course, and as a committee member and chairperson of the Virginia State Bar’s Standing Committee on Professionalism. Mr. Allen is the managing partner of Goodman, Allen & Filetti and is a member of the Richmond Bar Association, The Virginia Bar Association, the Virginia Association of Defense Attorneys, and the Greater Richmond Intellectual Property Law Association.

Phillip V. Anderson, Frith Anderson & Peake PC / Roanoke (Expand/Collapse Bio)

Phillip V. Anderson, co-author of Chapter 9, was admitted to the Virginia Bar in 1984. He earned a B.A., magna cum laude, from Hampden-Sydney College in 1980 and a J.D. from the University of Virginia in 1984. He served as Law Clerk to the Honorable Jackson L. Kiser, United States District Court, Western District of Virginia from 1984 until 1985. Mr. Anderson’s practice includes general liability litigation, commercial litigation, products liability, and personal injury litigation. In addition to his trial practice, he regularly provides opinions on insurance coverage issues and represents insurers in coverage litigation. He represents insurers at all stages of first-party fraud actions, from investigation of suspicious claims to the trial of fraud actions in state and federal courts. Mr. Anderson has tried cases in state and federal courts throughout western and central Virginia. He has handled appeals to the United States Court of Appeals for the Fourth Circuit and the Supreme Court of Virginia. He frequently lectures on insurance coverage issues and trial techniques.

Mr. Anderson served as the 67th President of the Virginia State Bar. His involvement with the Bar has been extensive. He has served on the Executive Committee since 2002 and on the Bar Council since 2000. He has been a member of the Budget and Finance Committee since 2000, where he served as Chair in 2004. He serves on the Supreme Court of Virginia’s Indigent Defense Training Initiative; the Virginia State Bar Leadership Task Force; the Bar’s Midyear Seminar Committee, where he served as Chair in 2004; and the Bar’s Better Annual Meeting Planning Committee.

In the areas of Ethics and Professionalism, Mr. Anderson serves on the Virginia State Bar’s Eighth District Disciplinary Committee, where he was Chairman and Secretary from 1993 to 1996, and on the Faculty of the Bar’s Professionalism Course, a mandatory class for all newly admitted lawyers. He is past member of the Malpractice Insurance Committee (2000-2003), the Standing Committee on Professionalism (1992-1995), and the Young Lawyers Conference Board of Governors (1989-1992).

Mr. Anderson has maintained an active role at both the state and local levels of the Bar. He is a member of The Virginia Bar Association and the Roanoke Bar Association, where he served as President-Elect from 2003 to 2004, on the Board of Directors from 1992 to 1993 and 1999 to 2001, and as Secretary-Treasurer from 2001 to 2002. He is also a member of the Virginia Association of Defense Attorneys, Virginia Trial Lawyers Association, and Fourth Circuit Judicial Conference and is President of the Ted Dalton Inn of Courts.

Mr. Anderson is a 1997 graduate of Leadership Roanoke Valley, sponsored by the Roanoke Regional Chamber of Commerce, and served on the Board of Directors of Junior Achievement of Southwest Virginia. Also active in his community, he has served on the Steering Committee of Hidden Valley High School, where he also served as Founding Member and President of the Athletic Booster Club. He is a past PTA President of Hidden Valley Jr. High; past President of the Marlins Swim Team Booster Club; and past member of the Roanoke Valley Youth Soccer League Board of Directors. He is a member of First Baptist Church of Roanoke and serves on the Nominating and Stewardship Committees. Mr. Anderson and his wife Beth have three sons, Ben, Will, and Jordan.

James W. Barkley, Morin & Barkley LLP / Charlottesville (Expand/Collapse Bio)

James W. Barkley, co-author of Chapter 16, is a founding partner of the Charlottesville law firm of Morin & Barkley LLP. Mr. Barkley handles a wide range of civil litigation, with a concentration in complex litigation, including insurance coverage, construction, and commercial litigation. He has litigated coverage cases involving a broad array of commercial and personal line policies. He speaks on insurance-related topics to the insurance industry and to members of the bar. He is a co-author of Why Commercial General Liability Policies Do Not Provide Coverage for Claims for Faulty Workmanship, 12 J. Civ. Litig. 135 (Summer 2000), Toxic Mold Claims: Getting Started, 14 J. Civ. Litig. 1 (Spring 2002), and Chapter 20, “Insurance Coverage for Owners, General Contractors, Subcontractors, Architects, and Engineers,” Virginia Construction Law Deskbook (Virginia CLE 2011). He has served as Chair of the Policy Coverage Section and as a member of the Board of Directors of the Virginia Association of Defense Attorneys and is a member of the International Association of Defense Counsel. He served on the Board of Governors of the Construction Law and Public Contracts Section of the Virginia State Bar. Mr. Barkley earned an undergraduate degree from the University of North Carolina at Chapel Hill in 1986 and a J.D., cum laude, from George Washington University in 1989. He has practiced in North Carolina and Virginia and is also admitted to practice in the District of Columbia.

Thomas G. Bell, Jr., Timberlake Smith Thomas & Moses, PC / Staunton (Expand/Collapse Bio)

Thomas G. Bell, Jr., co-author of Chapter 8, is a native of Staunton. He graduated from the University of Virginia in 1973 and its law school in 1976. He is a member of Timberlake Smith Thomas & Moses, P.C., where his practice focuses on civil defense litigation. He is a former President of the Virginia Association of Defense Attorneys and a former member of the Board of Governors of the Virginia State Bar Litigation Section. Mr. Bell is listed in Best Lawyers in America in personal injury, insurance law, and workers’ compensation defense.

Mark Carlton, Harman Claytor Corrigan & Wellman, PC / Richmond (Expand/Collapse Bio)

Mark Carlton, co-author of Chapter 4, was born in Roanoke, Virginia. He received his B.A., magna cum laude, in 1996 from Virginia Commonwealth University and his J.D., magna cum laude, in 1999 from the George Mason University School of Law. He was admitted to the Virginia State Bar in 1999 and has also been admitted to the United States District Court for the Eastern and Western Districts of Virginia and the Fourth Circuit Court of Appeals. Mr. Carlton began his legal career as law clerk for the Circuit Court for the City of Norfolk. He joined Harman Claytor in August of 2000 and is a member of the Virginia, Richmond, and Henrico County Bar Associations, the Virginia Association of Defense Attorneys, and the Defense Research Institute. He concentrates his practice on insurance coverage litigation and has written and lectured on various aspects of Virginia insurance law.

Brian N. Casey, Taylor Walker, PC / Norfolk (Expand/Collapse Bio)

Brian N. Casey, co-author of Chapter 6, earned a B.A. from the College of William and Mary in 1982 and a J.D. from Emory University in 1986. He was admitted to the Virginia Bar in 1986 and served as Law Clerk to the Honorable Joseph E. Baker, Court of Appeals of Virginia, from 1986 to 1988. He is admitted to practice before the United States Court of Appeals, Fourth Circuit and the United States District Courts for the Eastern and Western Districts of Virginia. Mr. Casey is a member of the Norfolk & Portsmouth Bar Association, the Virginia State Bar, The Virginia Bar Association, the Federal Bar Association, the I’Anson-Hoffman Inn of Court, and the Virginia Association of Defense Attorneys.

Mark K. Cathey, Glenn Robinson & Cathey, PLC / Roanoke (Expand/Collapse Bio)

Mark K. Cathey, co-author of Chapter 8, is a partner with Glenn Robinson & Cathey, PLC, where his practice is focused on insurance law and personal injury litigation. He has tried more than one hundred jury trials to verdict in twentytwo Virginia jurisdictions and in federal courts and has argued insurance and personal injury cases before the Supreme Court of Virginia. He earned a B.A. from the University of Virginia in 1990 and a J.D. from Washington and Lee University School of Law in 1993. He is a member and past President of the Roanoke Bar Association and a member of the Virginia State Bar (Member, Bar Council, 2010-2016), the Virginia Trial Lawyers Association, and the Virginia Association of Defense Attorneys. Mr. Cathey is listed in Best Lawyers in America in insurance law and personal injury litigation.

Michael A. Cole, Woods Rogers PLC / Danville (Expand/Collapse Bio)

Michael A. Cole, author of Chapter 7, has extensive experience in many areas of civil litigation. His practice focuses on general negligence and personal injury matters (plaintiff and defense), business and commercial litigation, domestic relations law, including divorce, appellate work, and workers’ compensation. He has handled over fifty jury trials and a variety of appellate matters in both state and federal appeals courts, including having written a brief filed with the United States Supreme Court in James B. Beam Distilling Co. v. Georgia.

Mr. Cole earned simultaneous B.A. degrees, magna cum laude, in Government and Economics from the University of Virginia. He received his law degree from the University of Virginia, where he wrote for the Journal of Law and Politics and was active in the Federalist Society and the law school’s Moot Court competition. Mr. Cole was admitted to the Georgia Bar in 1984 and the Virginia Bar in 2005. Originally from South Boston, Virginia, Mr. Cole returned to the area in 2003 and is employed by Woods Rogers after 21 years practicing law in Atlanta, Georgia. While in Atlanta, he was a founding member of Cole, Bryman & Clerke and, before that, was an associate with Vincent, Choray, Taylor & Feil and Freeman & Hawkins.

Mr. Cole is a member Danville Bar, The Virginia Bar Association, and the Virginia State Bar in addition to his membership in the State Bar of Georgia and the Atlanta Bar Association. He has been involved with the Leukemia Society of America and the Atlanta Humane Society and mentored for Big Brothers of America. Mr. Cole also lectured and debated topical issues in Atlanta-area high schools as part of the Atlanta Bar Association’s Law Day Project.

Joseph F. Cunningham, Cunningham & Associates, PLC / Arlington (Expand/Collapse Bio)

Joseph F. Cunningham, co-author of Chapter 2, has been a practicing attorney for more than 40 years, concentrating in the area of civil trials and appeals, particularly in regard to insurance issues. He earned a B.S., cum laude, from John Carroll University, an M.A. from the University of Rochester, and a J.D. from Columbia University School of Law. He is admitted to practice in Virginia, Maryland, and the District of Columbia. Mr. Cunningham is the principal attorney for Cunningham & Associates, P.L.C., based in Arlington, Virginia. He is a member of the Bar of the Supreme Court of the United States, the Fourth, Ninth, and D.C. Circuit Courts of Appeal, and the United States District Courts for the Eastern and Western Districts of Virginia, the District of Maryland, and the District of Columbia.

After serving as a United States Army First Lieutenant stationed in Karlsruhe, Germany, Mr. Cunningham returned to the United States and served successfully as an attorney with a government agency in Washington, D.C., as legislative counsel with the United States Chamber of Commerce, and as legislative counsel and as a labor attorney with E.I. DuPont de Nemours Company. He was then selected to serve as Vice President for Legislation/ Government Affairs of the National Alliance for Businessmen. He began his private practice in 1970 in Washington, D.C. Additionally, Mr. Cunningham has served as an adjunct professor of trial practice at the Georgetown University Law Center and as an instructor of law at the University of Maryland. He has lectured at the University of Virginia, Purdue University, and before numerous professional organizations. Mr. Cunningham previously taught continuing legal education programs and has written on a wide variety of legal topics, including environmental, labor, employment, health care, and civil procedure issues. In 2004, the trustees of Columbia University created the Joseph F. Cunningham Chair of Insurance and Commercial Law in his honor. Most recently, the University of Rochester awarded Mr. Cunningham the prestigious Hutchison Medal in recognition of his lifelong achievement and service to the community. He is a member of the Virginia, Maryland, and District of Columbia bar associations. Mr. Cunningham is married to Andrea Heller Cunningham and is the father of four children.

Stephanie M. Dahl, Cunningham & Associates, PLC / Arlington (Expand/Collapse Bio)

Stephanie M. Dahl, co-author of Chapter 2, is a graduate of the University of Maryland School of Law and is a member of the Maryland, Virginia, and District of Columbia Bar Associations. She is also a member of the United States District Courts for the Eastern and Western Districts of Virginia. She earned her B.A. in Political Science from Hardin-Simmons University where she graduated magna cum laude. Before joining Cunningham & Associates, P.L.C., Ms. Dahl served as a Special Assistant United States Attorney with the United States Attorney’s Office in Washington, D.C., where she prosecuted a variety of criminal cases. Ms. Dahl also worked on a number of large class action and civil litigation cases where she focused on the discovery stage of litigation. Her current practice areas include insurance defense, personal injury, contract disputes, and professional malpractice.

Robert B. “Chip” Delano, Jr., Sands Anderson PC / Richmond (Expand/Collapse Bio)

Robert B. “Chip” Delano, Jr., author of Chapter 5, is a shareholder with Sands Anderson PC, where he serves as trial and appellate counsel in insurance and tort litigation with a significant portion of his practice devoted to the defense of life, health, disability, and ERISA cases. Before joining Sands Anderson, Mr. Delano clerked for Justice W. Carrington Thompson of the Supreme Court of Virginia and United States District Judge Jackson L. Kiser of the Western District of Virginia. He is a member of the American Bar Association (Tort and Insurance Practice and Litigation Sections; Life Insurance Law Committee; Health and Disability Insurance Law Committee), the Defense Research Institute (DRI Community Service Award, 2008, Past Board Liaison to the Life, Health, and Disability Committee, 2007-present, Board of Directors and Mid- Atlantic Regional Director, 2004-2007; Virginia State Representative, 1998- 2002), the Federal Bar Association, the Virginia Association of Defense Attorneys (President, 2002-2003; President-Elect, 2001-2002; Treasurer, 2000- 2001; Secretary 1999-2000; Board of Directors, 1995-2004), the Virginia State Bar (Litigation Section and Appellate Practice Subcommittee), The Virginia Bar Association (Civil Litigation and Appellate Practice Sections), the Federal Bar Association, The Association of Life Insurance Counsel (Board of Governors and its Delegate to ABA House of Delegates, 2007-2011), the Fourth Circuit Judicial Conference (permanent member), the Bar Association of the City of Richmond, and the Boyd Graves Conference (2003-2013). Mr. Delano is the author of a number of publications relating to insurance and other areas of his practice including the Virginia law chapter of Misrepresentation in the Life, Health and Disability Insurance Application Process: A National Survey (ABA, 2009 and 2014), articles in The Journal of Civil Litigation entitled “Primer on Virginia Law Dealing with Material Misrepresentations in Applications for Life, Health, and Disability Policies,” “OxyContin Overdose Deaths: Virginia’s Latest Trend in Accidental Death Coverage Litigation?” and “An Overview of the Illegality Defense: Why Crime Still Does Not Pay in Virginia,” articles in the DRI Life, Health and Disability News, and the insurance law chapter of The Virginia Lawyer. He is a frequent lecturer before various business and professional groups on such varied subjects as ERISA, misrepresentations, bad faith, insurance coverage, appellate advocacy, premises liability, charitable immunity, motor vehicle accident litigation, and Virginia’s business personal property tax. Mr. Delano earned B.A. and J.D. degrees from the College of William and Mary, where he was a member of the Order of the Coif.

William F. Demarest, III, Goodman Allen & Filetti / Glen Allen (Expand/Collapse Bio)

William F. Demarest, III, co-author of Chapter 14, joined Goodman Allen & Filetti in the fall of 2009, after receiving his J.D. degree from the University of Richmond, magna cum laude. Before attending law school, Mr. Demarest worked with the Twenty-First Century Group, Inc., a bi-partisan consulting group in Washington, D.C, as an Assistant for Congressional Affairs. Mr. Demarest also participated in the Summer Associate program at Goodman Allen & Filetti during law school. He is admitted to practice before the courts of Virginia, the United States District Court for the Eastern District of Virginia, the United States Bankruptcy Court for the Eastern District of Virginia, and has been admitted pro hac vice in various state and federal courts around the country. Mr. Demarest focuses his practice primarily in the areas of medical malpractice defense, product liability defense, general civil litigation, and federal tort claims.

Mark E. Feldmann, Glenn Feldmann Darby & Goodlatte, PC / Roanoke (Expand/Collapse Bio)

Mark E. Feldmann, co-author of Chapter 8, is a member of Glenn Feldmann Darby & Goodlatte, P.C., where he concentrates in the areas of civil litigation, commercial and business disputes, mediations, construction, and contract disputes. He earned a B.A. from Hampden-Sydney College in 1970 and a J.D. from the University of Virginia School of Law in 1973. He is a member of the Virginia State Bar (Construction Law and Public Contracts Section), the Roanoke Bar Association, the Virginia Association of Defense Attorneys, and the Federal Bar Association. He has been admitted to practice in the Virginia Supreme Court, the United States District Courts for the Eastern and Western Districts of Virginia, and the United States Court of Appeals for the Fourth Circuit. Mr. Feldmann has been recognized in the Virginia Business magazine’s Legal Elite since 2005 and in Super Lawyers Virginia since 2006. He and his wife Whitney enjoy time with their grandchildren, traveling, golfing, and at their farm in Botetourt County.

Jeffrey H. Geiger, Sands Anderson PC / Richmond (Expand/Collapse Bio)

Jeffrey H. Geiger, co-author of Chapter 14, is a partner with Sands Anderson PC and serves as chair of the Business and Professional Litigation Practice Group and as General Counsel for the firm. He practices in the areas of civil litigation, legal malpractice defense, legal ethics, and eminent domain law. Before joining Sands Anderson, Mr. Geiger served as a law clerk for the Honorable Jere M.H. Willis, Jr. of the Court of Appeals of Virginia. An Adjunct Professor, Mr. Geiger teaches at the University of Richmond and lectures and writes on lawyers’ professional liability, intellectual property rights, Internet law, and legal ethics. He received an A.B. (International Relations) and a J.D. from the College of William and Mary.

Frances Belton Georges, Kalbaugh, Pfund & Messersmith, PC / Richmond (Expand/Collapse Bio)

Frances Belton Georges, co-author of Chapter 10, is an equity partner with Kalbaugh, Pfund & Messersmith, P.C., where she concentrates her practice in the areas of personal injury, workers’ compensation defense, and insurance defense with an emphasis on complex litigation, premises liability, and catastrophic injury cases. Before joining Kalbaugh, Pfund & Messersmith, P.C., Ms. Georges was a staff attorney for the United States Court of Appeals for the Fourth Circuit, Office of Staff Counsel, where she analyzed direct criminal appeals, habeas corpus petitions, and civil rights cases. She also co-authored a manual entitled Postconviction Relief and Prisoners’ Civil Rights Law in the Fourth Circuit. Ms. Georges is currently a member of the Virginia State Bar and the Virginia Trial Lawyers Association and a past member of the Virginia Association of Defense Attorneys and the Bar Associations of the City of Richmond and the County of Chesterfield. She earned a B.S. from Virginia Commonwealth University and a J.D., cum laude, from the University of Toledo College of Law, where she was the Assistant Executive Editor of the University of Toledo Law Review.

Michael L. Goodman, Goodman Allen & Filetti / Richmond (Expand/Collapse Bio)

Michael L. Goodman, co-author of Chapter 14, is a founding member of the law firm of Goodman Allen & Filetti. He specializes in the representation of health care providers in professional regulatory board investigations, disciplinary actions, credentialing and peer-review matters, third-party payor proceedings, and with risk-management issues. Mr. Goodman has represented hundreds of health care providers throughout Virginia in medical malpractice claims and state board inquiries, giving him a unique depth and breadth of experience. He is also an Adjunct Professor of Law at the University of Richmond School of Law, where he teaches Medical Liability Law and Bioethics. Mr. Goodman is a regular lecturer on health care and medical malpractice issues throughout Virginia and nationally. He is a member of the affiliate faculty of the Department of Legal Medicine at VCU Medical Center. Mr. Goodman has been recognized as one of Virginia’s Legal Elite in Virginia Business magazine and as a Virginia Super Lawyer (Virginia’s Top 100). He has been listed in Best Lawyers in America and is a Fellow of the American Bar Foundation. In addition to his legal skills, Mr. Goodman is a talented cartoonist. His work has been featured on refrigerator doors and in the Richmond Times Dispatch and has been nationally syndicated and published throughout the legal and business communities.

Jason J. Ham, Litten & Sipe, LLP / Harrisonburg (Expand/Collapse Bio)

Jason J. Ham, co-author of Chapter 8, is a partner in the Harrisonburg firm of Litten & Sipe, L.L.P. A magna cum laude graduate of Washington and Lee School of Law, Mr. Ham represents individual and institutional clients in the prosecution and defense of tort, contract, product liability, wrongful death, and tax assessment litigation in both state and federal courts. In addition, he performs municipal law including tax-exempt bond work. Mr. Ham is the Town Attorney for the Towns of New Market and Dayton. In addition to his contributions to this deskbook and its supplements, Mr. Ham authored Sovereign and Charitable Immunity in the Commonwealth of Virginia, 10 J. Civ. Litig. 4, at 367 (2000). Mr. Ham has been named as one of Virginia’s Legal Elite by Virginia Business magazine, has been listed as a Virginia Super Lawyer, and was one of the top 100 in the 2014 Virginia Super Lawyers review.

Guy M. Harbert, III, Gentry Locke / Roanoke (Expand/Collapse Bio)

Guy M. Harbert, III, co-author of Chapter 13, is a partner with Gentry Locke, where he practices primarily in the areas of insurance fraud and criminal defense. He earned a B.A. from Davidson College in 1980 and a J.D., cum laude, from Washington and Lee University in 1983. Mr. Harbert has defended insurance companies against all types of fraudulent claims. He has significant experience investigating and litigating arson claims, bogus theft losses, and falsified personal injury cases in state and federal courts throughout western Virginia. He has also defended insurers in “bad faith” lawsuits arising from such claims. Additionally, he has represented insurers in numerous declaratory judgment actions regarding the nature and extent of coverage owed on liability and first-party claims. He has represented the Commonwealth of Virginia in the prosecution of criminal arson and murder charges. Mr. Harbert has written several articles about insurance fraud and is a frequent speaker at seminars on the subject. He prepared an amicus curiae brief on behalf of the Virginia Association of Defense Attorneys in the Supreme Court of Virginia regarding the scope of the Virginia Residential Landlord Tenant Act. He is a past Chairman of the Policy and Coverage Section of the Virginia Association of Defense Attorneys, which focuses on insurance fraud issues. He also has extensive experience defending tax, bank fraud, environmental, and other white-collar criminal cases in the state and federal courts of western Virginia. He regularly represents clients involved in criminal investigations by government agencies, before grand juries, at trial, and on appeals. Mr. Harbert also represents clients accused or under suspicion of violating the law and advises clients who have been subpoenaed to give evidence in the investigation of other individuals.

Mr. Harbert is a member of The Virginia Bar Association (Litigation Section), the American Bar Association (Litigation Section; Tort and Insurance Practice Section; Property Insurance Committee), the International Association of Arson Investigators, and the National Fire Prevention Association.

Collin J. Hite, Hirschler Fleischer PC / Richmond (Expand/Collapse Bio)

Collin J. Hite, co-author of Chapter 17, graduated from the Southern Methodist University School of Law. Mr. Hite’s practice involves representing corporations in complex litigation. His experience includes substantial first chair trial experience in both state and federal courts. He is the leader of the firm’s Insurance Recovery Group. He handles insurance recovery and coverage litigation in the areas of business interruption, all risk, data breach, business torts, products liability, directors’ and officers’ liability, employee dishonesty, and environmental matters. He represents policyholders and clients including Fortune 500 companies, as well as middle market business entities. Part of his insurance practice also involves advising clients on types of coverage required by their businesses, as well as preventive risk management measures. In addition to Virginia, he has represented clients in Florida, California, Missouri, Rhode Island, Washington, North Carolina, Illinois, Maryland and Ohio.

Stephen A. Horvath, Trichilo Bancroft McGavin Horvath & Judkins, PC / Fairfax (Expand/Collapse Bio)

Stephen A. Horvath, co-author of Chapter 13, is a member of Trichilo, Bancroft, McGavin, Horvath & Judkins in Fairfax. He focuses his practice on litigation with a special emphasis on insurance, including insurance fraud and arson. Mr. Horvath graduated from the University of Illinois in 1976 and earned a J.D. from Washington College of Law at American University in 1979. He is a member of the state and federal bars in Virginia and the District of Columbia as well as the United States Courts of Appeals for the Fourth, Fifth, Seventh, and Eleventh Circuits and the United States Supreme Court. He lectures regularly on the areas of insurance law and insurance-related issues. Mr. Horvath has argued numerous cases before the Supreme Court of Virginia and the United States Court of Appeals for the Fourth Circuit on insurance-related issues. He is a member of the Virginia Association of Defense Attorneys, the American Bar Association (Tort and Insurance Law and Litigation Sections), and the Defense Research Institute. Mr. Horvath chaired the committee that established the Fairfax Circuit Court Neutral Case Evaluation Program, for which he is active as a neutral case evaluator.

David D. Hudgins, Hudgins Law Firm, PC / Alexandria (Expand/Collapse Bio)

David D. Hudgins, co-author of Chapter 14, is the founder of Hudgins Law Firm, P.C., a litigation, business, and insurance practice serving clients in Virginia, Maryland, and Washington, D.C. He was born in Virginia and attended Hampden-Sydney College and the University of Richmond School of Law. Mr. Hudgins represents clients in diverse areas of practice including professional liability (attorneys, accountants, and health care providers), products liability, church liability, employment law, medical malpractice, private security, intellectual property, financial agents and brokers, defamation, municipal liability, discrimination, coverage determinations, construction, and general liability. Mr. Hudgins is rated AV Preeminent by the Martindale-Hubbell Law Directory. He has extensive trial experience and has been elected to membership in the American Board of Trial Advocates and the Federation of Defense and Corporate Counsel. He is a co-author of Tort and Personal Injury Law in West’s Virginia Practice Series. Mr. Hudgins is a member of the Bars of Virginia, Maryland, and the District of Columbia. He is admitted to practice in all state and federal courts in these jurisdictions as well as the United States Supreme Court. Mr. Hudgins lives with his wife and family in Old Town Alexandria, Virginia.

Stephen R. Jackson, Pretlow & Pretlow, PC / Suffolk (Expand/Collapse Bio)

Stephen R. Jackson, author of Chapter 11, is a partner with Pretlow & Pretlow, PC in Suffolk. He joined the firm in 2014 after 25 years with Willcox & Savage, PC in Norfolk. Mr. Jackson’s practice is focused on products liability defense and general litigation. He earned his B.A., with distinction, from the University of Virginia in 1984 and his J.D. from the T.C. Williams School of Law at the University of Richmond in 1987, where he served as the Notes and Comments Editor of the University of Richmond Law Review. Before entering private practice, Mr. Jackson served as a law clerk to the Honorable David G. Lowe in the United States District Court for the Eastern District of Virginia in Richmond. He has argued cases before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and has briefed issues to the Supreme Court of the United States. He is admitted to practice in Virginia and North Carolina.

Mr. Jackson is a member of the Federal Bar Association and served as its General Counsel from 2012-2014 and as a member of its Board of Directors from 2007-2014. He has also served as a Vice President for the Fourth Circuit. He is a Fellow of the Foundation of the Federal Bar Association. He is also a member of the Virginia Association of Defense Attorneys, the Defense Research Institute, the Suffolk Bar Association, and the Norfolk-Portsmouth Bar Association and has served as the Chairman of its Bench-Bar Committee. He has published numerous articles on topics that include products liability practice, workers’ compensation, and practice in the federal courts and serves as a faculty member for programs sponsored by the National Business Institute.

Helen E. Jhun, Kalbaugh, Pfund & Messersmith, PC / Norfolk (Expand/Collapse Bio)

Helen E. Jhun, co-author of Chapter 10, is an associate with Kalbaugh, Pfund & Messersmith, P.C., where she concentrates her practice in the areas of personal injury and insurance defense with an emphasis on coverage and complex litigation. Before joining Kalbaugh, Pfund & Messersmith, P.C., Ms. Jhun served as a judicial clerk in the 15th Judicial Circuit of Virginia. She has also practiced in the fields of tax law and bankruptcy law. Ms. Jhun earned her B.A., cum laude, and M.A. in Economics from Boston University, where she participated in the B.A./M.A. dual program and in the University Honors Program. She earned her J.D. from the University of Richmond, where she worked with the Office of Chief Counsel for the Internal Revenue Service and as an administrative law judge clerk for the Virginia Employment Commission.

Paul C. Kuhnel, LeClairRyan / Roanoke (Expand/Collapse Bio)

Paul C. Kuhnel, co-author of Chapter 1, is a shareholder in the Roanoke office of LeClairRyan, where he specializes in health care, professional and products liability, as well as commercial litigation and insurance coverage work. Mr. Kuhnel earned a B.A., cum laude, from the College of William and Mary in 1984 and a J.D. from Washington and Lee University in 1987. Before moving to Roanoke, he was an associate in the Richmond office of McGuire Woods Battle & Boothe from 1987 to 1991. Mr. Kuhnel is a member of the Federation of Defense and Corporate Counsel (FDCC) and has been recognized as a Virginia Super Lawyer by Law and Politics magazine for Personal Injury Defense—Medical Malpractice (2009-2014) and in Best Lawyers in America in the field of Medical Malpractice Law—Defendants (2013-2015). He is currently serving as a faculty member for the Virginia State Bar Association Professionalism Course and is a former member of the Board of Directors of the Roanoke Bar Association.

Elisabeth L. Manuel, Morin & Barkley LLP / Charlottesville (Expand/Collapse Bio)

Elisabeth L. Manuel, co-author of Chapter 16, is a partner with Morin & Barkley LLP, where her civil litigation practice focuses on complex construction, insurance coverage, and commercial cases. In addition, she regularly provides advice on risk management, including contract drafting and negotiation, and counsels individuals and businesses in the construction industry as issues arise during the course of projects. Ms. Manuel earned a B.A. from the University of Virginia and a J.D., with high honors, from Chicago-Kent College of Law in Chicago, Illinois. Ms. Manuel is a member of the Order of the Coif, the Virginia State Bar (Civil Litigation Section Council 2008-present), the Virginia Association of Defense Attorneys (Board of Directors 2009-2012), and the Charlottesville-Albemarle Bar Association.

Kathleen M. McCauley, Moran Reeves & Conn PC / Richmond (Expand/Collapse Bio)

Kathleen M. McCauley, co-author of Chapter 14, is a shareholder with Moran Reeves & Conn PC in Richmond, where she concentrates her practice in complex litigation, including the defense of medical malpractice actions, hospital and medical school liability, employment, and product liability matters. Her practice includes health care and human resource risk management and regulatory matters including representation before the Commonwealth of Virginia’s health regulatory boards. She has authored and is a national speaker on the legal issues surrounding general surgery, bariatric surgery, and general health care risk management. She is a frequent lecturer to health care providers, administrators, and business owners in the areas of health care risk management, medical negligence litigation, human resource risk management, social media in the workplace, ACO liability, and clinical ethics. As well, Ms. McCauley is the current President of the Virginia Association of Defense Attorneys.

In recent years, Ms. McCauley has been recognized as one of Virginia’s “Legal Elite” in Health Law (Virginia Business magazine), a Virginia Super Lawyer (Law and Politics and Virginia Super Lawyers Magazine), a Virginia Super Lawyers “Rising Star,” and is listed in Best Lawyers in America for Medical Malpractice Defense. She was named one of the Influential Women of Virginia for 2013. In addition to her practice, Ms. McCauley is Chair of the Board of Directors of Commonwealth Catholic Charities and pro bono General Counsel to the Arc of Virginia. In 2011, she was appointed by the governor to the Virginia Interagency Coordinating Council, which provides oversight to all early intervention programs in the commonwealth. She is an Adjunct Professor of Law at the University of Richmond School of Law, where she teaches Trial Skills. When not working, Ms. McCauley spends her free time traveling, skiing, and sailing with her family.

Diane U. Montgomery, Midkiff Muncie & Ross PC / Richmond (Expand/Collapse Bio)

Diane U. Montgomery, co-author of Chapter 4, is Vice Chair of Midkiff Muncie & Ross’s Insurance Coverage Section and focuses her primary practice on insurance contract analysis of property and casualty issues for both personal and commercial lines and litigation of first-party coverage questions. She obtained her J.D., cum laude, from Washington and Less University School of Law and was a member of the law review. She is a member of the Virginia State Bar (Environmental Section) and is admitted to practice in the federal courts in both the Eastern and Western Districts of Virginia. She is also a member of the Richmond Bar Association.

Mark A. Pachucki, Nationwide Insurance / Richmond (Expand/Collapse Bio)

Mark A. Pachucki, author of Chapter 12, is a graduate of DePaul University and DePaul College of Law in Chicago, Illinois. He was a bank liquidation specialist and staff attorney with the Federal Deposit Insurance Corporation for the southeastern United States region for four years before becoming claims legal counsel with Nationwide Mutual Insurance Company in Lynchburg and Richmond. Mr. Pachucki has been with Nationwide for more than 25 years and is a member of the Virginia State Bar, the Virginia Association of Defense Attorneys, the Richmond Claims Association, and the Association of Corporate Counsel.

Douglas M. Palais, Vandeventer Black, LLP / Richmond (Expand/Collapse Bio)

Douglas M. Palais, co-author of Chapter 2, practices in the Richmond office of Vandeventer Black, LLP, where he focuses on insurance agent liability defense, legal malpractice defense, complex coverage litigation, and securities litigation and arbitration. Mr. Palais is a 1978 graduate of Northwestern University School of Law, where he was Notes & Comments Editor of the Journal of Criminal Law and Criminology and an Instructor in Legal Writing. He was listed in Best Lawyers in America for Insurance Law, Securities Litigation, and Capital Markets and is a Virginia Super Lawyer in Insurance and Securities Litigation. Mr. Palais teaches Insurance Law as an Adjunct in the School of Business of Virginia Commonwealth University.

H. Carter Redd, McGuireWoods LLP / Richmond (Expand/Collapse Bio)

H. Carter Redd, co-author of Chapters 16, 17, and 18, practices with McGuireWoods LLP in the firm’s Richmond office. His practice primarily involves insurance coverage matters and commercial litigation. Mr. Redd graduated, cum laude, in 1992 from the T.C. Williams School of Law at the University of Richmond. He also holds a B.S. in civil engineering from Virginia Tech and a B.A. from Washington and Lee University.

Robert Tayloe Ross, Midkiff Muncie & Ross PC / Richmond (Expand/Collapse Bio)

Robert Tayloe Ross, co-author of Chapter 4, is Chair of Midkiff Muncie & Ross’s Property and Coverage Sections and Co-Chair of the firm’s Subrogation Section. He is a frequent author and speaker on insurance and litigation subjects. He earned a B.A. from Hampden-Sydney College in 1979 and a J.D. from Mercer University in 1982. He is admitted to the State Bars of Virginia and Georgia, the District of Columbia Bar, and the United States Supreme Court. Mr. Ross served as a law clerk to the Honorable Charles A. Moye, Jr., then Chief Judge of the United States District Court for the Northern District of Georgia, and as an Assistant United States Attorney before entering private practice. Mr. Ross has been an active member of the Henry Lumpkin (Georgia), John Marshall (Virginia) (President 1999-2000; Executive Committee 1997-2002), and Lewis F. Powell, Jr. (Virginia) Inns of the American Inns of Court. Mr. Ross is also a member of The Virginia Bar Association and the Virginia Association of Defense Attorneys (Commercial Litigation Section; Policy Coverage Section, Chair 1999- 2001 and Director 2002-2005). Mr. Ross is AV Peer Review Rated in MartindaleABOUT Hubbell and is included in Virginia Super Lawyers and Top Attorneys in Richmond, Virginia. Mr. Ross was honored as one of the Virginia Lawyers Media’s “Leaders in the Law” for 2014.

Elizabeth S. Skilling, Harman Claytor Corrigan & Wellman, PC / Richmond (Expand/Collapse Bio)

Elizabeth S. Skilling, co-author of Chapter 15, earned a B.A., magna cum laude, from Mary Baldwin College and a J.D. from the T.C. Williams School of Law at the University of Richmond, where she served as an annual survey editor of the University of Richmond Law Review. She is a shareholder in the law firm Harman Claytor Corrigan & Wellman, P.C. Ms. Skilling has extensive litigation experience in the federal and state trial and appellate courts throughout Virginia and has been admitted pro hac vice to handle litigation matters in the West Virginia, South Carolina, District of Columbia, and New York federal courts. She concentrates her practice in insurance coverage and bad faith, construction, intellectual property, and other complex civil litigation matters. Ms. Skilling also handles matters before state and federal regulatory agencies. She is a member of the Virginia State Bar, the Virginia Association of Defense Attorneys, the Defense Research Institute, and the Richmond Bar Association.

James C. Skilling, Williams & Skilling, PC / Richmond (Expand/Collapse Bio)

James C. Skilling, co-author of Chapter 15, graduated from the T.C. Williams School of Law at the University of Richmond in 1987, where he was a member of the University of Richmond Law Review, and the College of Wooster in 1984. Mr. Skilling has extensive experience in litigation in federal and state courts with an emphasis on general insurance defense, product liability, bad faith litigation, and insurance coverage opinions and litigation. He also handles fraudulent insurance claims defense, including arson, and routinely conducts examinations under oath. Mr. Skilling is a member of the Virginia State Bar, the Richmond Claims Association, the Virginia Association of Defense Attorneys, the Defense Research Institute, and the Richmond Bar Association. He has appeared before state and federal trial and appellate courts throughout Virginia. In addition to his insurance defense practice, Mr. Skilling has handled commercial and business litigation, including patent infringement defense and class action defense under the Fair Debt Collection Practices Act.

Alexander H. Slaughter, McGuireWoods LLP / Richmond (Expand/Collapse Bio)

Alexander H. Slaughter, co-author of Chapters 16 and 18, was graduated from Yale University and the University of Virginia Law School, where he served as Articles Editor of the Virginia Law Review. He practiced with McGuireWoods LLP and one of its predecessors from 1964 until his retirement in 2013. He was on the firm’s executive committee for ten years and served stints as its general counsel and head of litigation. Before commencing practice in Richmond, Mr. Slaughter served a one-year clerkship with a federal judge on the old Fifth Circuit Court of Appeals. The focus of Mr. Slaughter’s practice was on insurance coverage, products liability, and litigation. He lectured on these subjects throughout the United States and Europe. He contributed to and co-edited Products Liability: Pharmaceutical Drug Cases (1988) published by Shepard’s/McGraw-Hill. Mr. Slaughter is fellow of the Virginia Law Foundation and the American Bar Foundation.

Adam W. Smith, McCandlish & Lillard, PC / Fairfax (Expand/Collapse Bio)

Adam W. Smith, co-author of Chapter 9, is a principal at McCandlish & Lillard, P.C., in Fairfax. His practice is concentrated in the areas of medical malpractice, insurance defense, and personal injury law in the District of Columbia and Virginia. Mr. Smith is a native of Huron County, Ohio. He graduated with a B.A., cum laude, from Ohio State University in 1986, and a J.D., magna cum laude, from Ohio Northern University Pettit College of Law in 1989. He was admitted to the Ohio Bar in 1989, the District of Columbia Bar in 1990, and the Virginia State Bar in 1991. He is admitted to practice in the United States Courts of Appeals for the Fourth Circuit and the District of Columbia Circuit; and the United States District Courts for the District of Columbia and the Eastern District of Virginia. He is a member of the District of Columbia Bar Association, the D.C. Defense Lawyers’ Association (Past President 2012-2013), The Virginia Bar Association, the Virginia Association of Defense Attorneys, the Fairfax Bar Association, and the Defense Research Institute. Mr. Smith is coauthor of “Evaluating Life Care Plans from a Legal Defense Perspective,” a chapter in Pediatric Life Care Planning and Case Management, by Susan Riddick-Grisham.

Debra Schneider Stafford, Hudgins Law Firm, PC / Alexandria (Expand/Collapse Bio)

Debra Schneider Stafford, co-author of Chapter 14, is a partner with Hudgins Law Firm, P.C. Ms. Stafford grew up in Blacksburg, Virginia. She earned her B.A. (classics and political science), cum laude and Phi Beta Kappa, from Randolph-Macon College in 1994 and her J.D. from the T.C. Williams School of Law, University of Richmond in 1998. Ms. Stafford was a member and a web editor for the Richmond Journal of Law and the Public Interest and note author of “Taking Superfund Presumptive Remedies to the Brownfields Arena,” Spring 1998. Ms. Stafford is admitted to the Bars of the Commonwealth of Virginia and the District of Columbia, the United States Court of Appeals for the Fourth Circuit, the United States District Courts for the Eastern and Western Districts of Virginia and the District of Columbia, and the United States Bankruptcy Court for the Eastern District of Virginia. Additionally, Ms. Stafford is a member of the Alexandria Bar Association, the Virginia Association of Defense Attorneys, and the Northern Virginia Claims Association. Ms. Stafford is rated AV Preeminent by Martindale-Hubbell. Ms. Stafford’s practice includes advising businesses and litigating a wide variety of civil actions and administrative proceedings. Her main areas of litigation practice are defense of professional liability matters, particularly claims against financial professionals and attorneys; general liability defense, including claims against churches; commercial litigation; and administrative claims against employers, including workers’ compensation, EEOC, and unemployment claims. Furthermore, Ms. Stafford advises businesses regarding formation, leases, contracts, and employment issues. Her business practice focuses on small businesses, with a special interest in the salon/spa industry. Ms. Stafford lives in Fairfax County with her two children.

Karen M. Stemland, Morin & Barkley LLP / Charlottesville (Expand/Collapse Bio)

Karen M. Stemland, co-author of Chapter 16, focuses her practice on commercial litigation, construction law, and insurance coverage. In addition, she provides guidance on risk management, contract drafting, and dispute resolution. Before her time at Morin & Barkley LLP, Ms. Stemland focused on construction, real estate, franchise, bankruptcy, and product liability matters. Ms. Stemland graduated, cum laude, from Georgetown University Law Center in 2001. She served as Senior Notes Editor for the Georgetown International Environmental Law Review from 2000-2001. Ms. Stemland earned her B.A. from Colgate University in 1997, where she graduated magna cum laude with Honors in Political Science. Before law school, Ms. Stemland worked in the Antitrust Division of the United States Department of Justice.

Christopher W. Stevens, Woods Rogers PLC / Roanoke (Expand/Collapse Bio)

Christopher W. Stevens, co-author of Chapter 1, is a principal with Woods Rogers in Roanoke. He practices in the areas of civil litigation, professional liability, workers’ compensation, and insurance defense. Mr. Stevens earned a B.A. from Hampden-Sydney College in 1992 and a J.D. from the T.C. Williams School of Law in 1997. He is a member of the Roanoke and American Bar Associations, the Virginia Association of Defense Attorneys, the International Association of Defense Counsel, and the Defense Research Institute. He is a former associate of the American Inns of Court and former representative, Virginia State Bar Council, 23rd Judicial Circuit.

Christopher J. Wiemken, TaylorWalker PC / Norfolk (Expand/Collapse Bio)

Christopher J. Wiemken, co-author of Chapter 6, earned a B.A., magna cum laude, honors in economics, from Wake Forest University in 1994 and a J.D. and M.P.P. from the College of William and Mary in 1998. He served as editor-inchief of the William and Mary Environmental Law and Policy Review. Mr. Wiemken was an Honors Attorney with the United States Department of Transportation from 1998 until 2000. He is a member of the Virginia State Bar, the Norfolk & Portsmouth Bar Association, and the Virginia Association of Defense Attorneys.

C. James Williams, III, Burnett & Williams / Midlothian & Hopewell (Expand/Collapse Bio)

C. James Williams, co-author of Chapter 8, is a partner with the firm of Burnett & Williams, with offices in Midlothian, Hopewell, Leesburg, Reston, and Winchester. He previously was trial counsel to a major automobile insurance company, where he tried large loss cases and managed a staff of in-house trial lawyers and legal assistants. Before going in-house, Mr. Williams was in private practice with firms in Roanoke and Richmond whose focus was the defense of personal injury cases. He began his legal career as a federal judicial law clerk to a district judge in the United States District Court, Western District of Virginia. Mr. Williams earned a B.S. and a J.D. from George Mason University, where he was a published member of the law review. Over the span of his 27-year legal career, he has published several articles and lectured in continuing legal education courses.

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