by KPMLAW | Sep 14, 2015 | KPMBlog, News, Uncategorized
Gary Reinhardt, Managing Partner in KPM’s Coverage & Fraud Department, answers questions related to recent changes to the Underinsured Motorist Law. ...
by KPMLAW | Aug 13, 2015 | KPMBlog, News, Uncategorized
Editor – Janeen B. Koch, Esquire Author – Stephanie Gacek Cook, Esquire Kalbaugh, Pfund & Messersmith, P.C. is pleased to offer its special Legislative post on our blog. This update contains summaries of bills of interest to our readers that were enacted by the General Assembly in its 2015 session and that took effect as of July 1, 2015. This information is taken from the Summary of the 2015 Session of the General Assembly published by the Division of Legislative Services. The abbreviations used are as follows: HB – House Bill; SB – Senate Bill. If you wish to read the entire text of a bill to see how it changed the previously existing law, you may visit the Virginia General Assembly Legislative Services website at http://virginiageneralassembly.gov. UM/UIM. The most notable change in the insurance industry is to the UIM/UM laws, found in Va. Code Ann. 38.2-2206 and 8.01-66.1:1. Our newsletter of June 2015 provided a detailed overview of these changes, and you can visit our website at www.kpmlaw.com for more information. In short, these changes establish a procedure by which an injured person or personal representative may settle a claim with a liability insurer and its insured for the available limits of coverage without jeopardizing a claim for underinsured motorist benefits. Upon payment of the available limits, the liability insurer has no further duties to its insured and the underinsured motorist benefits insurer shall have no right of subrogation or claim against the underinsured motorist, unless the underinsured motorist unreasonably fails to cooperate with the underinsured motorist insurer in the defense of any lawsuit. It is important...
by KPMLAW | Jul 22, 2015 | KPMBlog, News, Uncategorized
Editor – Janeen B. Koch, Esquire Author – Randall C. Lenhart, Jr., Esquire The Supreme Court of Virginia recently addressed the issue of when to exclude evidence when the prejudicial effect substantially exceeds its probative value in Julia Cain, et al. v. Joe Lee, 2015 Va. LEXIS 77 (June 4, 2015) as it relates to post-accident conduct by the defendant in determining punitive damages. In Cain, Julia Cain was driving with her daughters in their vehicle when she began to slow her vehicle due to traffic in front of her. As she slowed down, a vehicle being driven by the defendant rear-ended the Cains’ vehicle which caused the Cains’ vehicle to collide with the car in front of it. After the accident, the state trooper who responded to the scene determined that the defendant was possibly intoxicated due to his appearance and the presence of a strong odor of alcohol. The defendant failed a field sobriety test and then consented to a preliminary breath test which registered a blood alcohol content of .25 (over three times the legal limit of .08). After being arrested and brought before the magistrate, the defendant refused to submit to a breath test which resulted in him being charged with unreasonably refusing to submit to a breath test in violation of Virginia Code § 18.2-268.3 and driving under the influence (“DUI”) in violation of Virginia Code § 18.2-266. At the traffic hearing, the defendant pled guilty to DUI and the Commonwealth agreed to nolle prosequi the charge for the unreasonable refusal charge pursuant to a plea bargain. Julia Cain and her two daughters...
by KPMLAW | Jun 16, 2015 | KPMBlog, News, Uncategorized
Editor – Janeen B. Koch, Esquire Author – Danny Royce, Esquire The Virginia General Assembly has recently enacted several significant changes to two statutes pertaining to settlement of underinsured motorist claims and subrogation rights of underinsured motorist carriers. The revisions specifically impact Virginia Code Section 38.2-2206 and add a new statute at 8.01-66.1:1. According to the State Corporation Commission, the stated purpose of these changes is to expedite uninsured and underinsured motorist payments. These changes will go into effect for policies issued or renewed on or after January 1, 2016. In short, these changes impact both liability and underinsured motorist carriers in claims involving UIM coverage: The liability carrier can tender policy limits in exchange for a complete settlement and release of the defendant/tortfeasor and the liability carrier. Acceptance of the liability carrier’s limits by the injured party extinguishes the primary liability carrier’s duty to defend. This duty is extinguished upon payment of the liability limits (not merely acceptance of the offer). A settlement under these revisions extinguishes the UIM carrier’s right of subrogation against the underinsured defendant. Upon being released, the defendant/tortfeasor now has statutory duties to reasonably cooperate with the UIM carrier in its defense of the case. Changes to Virginia Code 38.2-2206 The statute governing uninsured and underinsured motorist coverage is found in Virginia Code Section 38.2-2206. Prior to this revision, the liability carrier was permitted to tender its limits in cases where the injured person had UIM coverage. However, such tender did not secure the release of the liability carrier or its insured. Significantly, the liability carrier retained the duty to defend its insured and...
by KPMLAW | May 20, 2015 | KPMBlog, News
For a second year, KPM Law is helping feed hungry Virginians through its participation in The Legal Food Frenzy. Created in 2007 to address the growing number of Virginians who are considered “food insecure,” The Legal Food Frenzy, a partnership between The Office of the Attorney General, The Young Lawyers Division of The Virginia Bar Association, and the Federation of Virginia Food Banks, is a friendly competition among law firms, legal departments, law offices, law schools, and courts in Virginia to raise food and funds to feed the nearly 1.2 million Virginians – many of whom are children, seniors, and disabled adults – who can’t count on their next meal. Spearheaded at KPM offices by Richmond attorneys Matthew Daly and Jessica Relyea, the firm has collected more than a thousand pounds of food since its involvement in the initiative which takes place over a two-week giving period each year. KPM donations were distributed to food banks across the state thanks to participating KPM offices located throughout Virginia. Said firm president Chip Kalbaugh, “It’s great to see our attorneys and staff working as part of the greater legal community to address a very real need in our home state.” Since its inception, the Legal Food Frenzy, has raised the equivalent of over 11.4 million pounds of food, helping to address the increasing need throughout the state. Citing rates of unemployment and underemployment, the Federation of Virginia Food banks notes the number of Virginians struggling to make ends meet has been steadily on the rise. Over the last several years, Virginia food banks have faced a 50% increase in demand while...
