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 Read More …
Category: Contract Law
Is “floating the title” or “title jumping” legal?
Q: Is it lawful to buy a car from one person, obtain the title without filling in the name of the purchaser on the title, and flip it to another buyer, filling in that 2nd purchaser’s name as the purchaser? A. No, the practice is known as “floating the title” or “title jumping” and is Read More …
Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate 3rd party insurance contract
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 Read More …
My down payment was stolen in a email/internet/wire scam before the closing – what can I do?
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 Read More …
Virginia Construction Law Firm Explains Construction Fraud
What is the difference between construction fraud and breach of contract under Va. Code 18.2-200.1? The Commonwealth must prove 5 things to convict a person of construction fraud, namely that the contractor (1) obtained an advance of money from another person; (2) had a fraudulent intent at the time the advance is obtained; (3) made Read More …
Do I have to pay back my insurance company for medical expenses from my settlement or recovery for personal injuries in Virginia?
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, Read More …
“Blue-Pencil” Clauses in Virginia
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 Read More …
Summary of the law of non-competition in Virginia
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 Read More …
Virginia Contract Law – “Act of God”
Virginia Contract Law – “Act of God” Q: What is meant in the contract by an “act of God” ?First, persons of faith that believe that God controls everything in every aspect of our lives should not be offended. The inclusion of such a contractual term is actually a recognition of God and the Read More …