Category archive: Virginia

Virginia Insurers Owe No Pre-Judgment Duty To Evaluate, Adjust And Settle UM Claims

Summary: Manu, a GEICO insured, filed suit against his uninsured  motorist (UM) insurance carrier to recover for statutory bad faith failure to pay the UM policy limit until after the insured obtained a judgment against the uninsured tort-feasor. The insured’s bad faith claim was dismissed. The Supreme Court of Virginia affirmed the dismissal finding the…

No Fiduciary Relationship Between Insured and Insurer in Virginia

Summary:  The Virginia Supreme Court’s seminal case regarding bad faith failure to settle claims is State Farm Mut. Auto. Ins. Co. v. Floyd. That opinion defines bad faith failure to settle, clarifies the relationship between the insured and insurer, and determines the standard of proof required in such cases. Floyd arose out of a head-on…

The Duty of Good Faith Runs Only to Insureds in Maine–Not Adversaries

Summary:  The Maine Supreme Court in Linscott clarified to whom insurers owe duties. Because a plaintiff who brings suit against the insured is an adversary of the insurer defending the case, the insurer is entitled to use negotiating tactics commonly used by lawyers. Linscott v. State Farm Mutual Auto Insurance Company Plaintiff Mervin Linscott, a…

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