Index

• Library: Insurance Law in Virginia (Virginia CLE) (2020 Ed.)

INDEX

References are to pages

ABSOLUTE POLLUTION EXCLUSION	480, 707
ACCEPTANCE OF INSURANCE CONTRACT	1, 17
ACCIDENT AND SICKNESS POLICY
Forfeiture	166
Misrepresentations	97
Statutory requirements	4
ACCOUNT, DUTY OF AGENT TO	34
ACCOUNTANTS	629
ACCURATE INFORMATION, FAILURE OF INSURED TO GIVE	42
ACTIONS AGAINST AGENTS OR BROKERS
Jurisdiction	37
Parties	37
ACTUAL CASH VALUE	649
ADDITIONAL INSUREDS	535
ADDITIONAL LIVING EXPENSES	653
ADMINISTRATIVE PROCEEDINGS	603, 618, 634
ADVERTISING INJURY, DEFINED	704
AGENCY AGREEMENT, ARBITRATION CLAUSE	45
AGENTS AND BROKERS
Generally	23
Account, duty to	34
Accurate information, failure of insured to give	42
Actions against	35
Agency agreement, arbitration clause in	45
Agent, distinguished from broker	24
Applications	28, 44
Assigned risks	45
Assumption of the risk	35, 42
Attorney fees	47
Authority of agent	24
Broker, distinguished from agent	24
Cancellation of coverage by insurer	43
Casualty	24
Common law duties	33
Comprehensive coverage, lack of	44
Constructive fraud	35, 37
Consultant, defined	26
Continuing undertaking doctrine	37
Contract liability	34, 42
Contributory negligence	35, 37, 42
Cybersecurity	32
Damages against	43
Defenses to action against	35, 42
Definitions	23
Disclosure rule	30

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Distributor	23
Duties	26
Employee Retirement Income Security Act (ERISA)	37, 45, 197
Erroneous opinion of	37
Errors of	655
Estoppel
Alteration or waiver of policy by agent	154
Denial of coverage	37
False statements supplied by	153
Knowledge imputed to insurer	153
Offset of premium	151
Statute on agency	153
Sub-agents	154
Excess insurance	47
Failure to procure insurance	24, 34, 35, 37, 41
False representations	28
False statements	29
Fiduciary relationship	29
Financial duties	29
Financial obligations	29
Fraud	34, 37
Full disclosure	34
General agent	37
General trade practices	30
Good faith, duty of	33, 34
Group health plans	45
Homeowners insurance	655
Indemnification of agent	45
Indemnification of broker	46
Information security programs	32
Instructions, duty to follow	34
Insurance data security	32
Insurer, liability of agent to	45
Insurer, liability of broker to	46
Lapse in coverage	35, 44
Larceny	29
Liability	35
Licensing of	23, 27, 48
Life insurance	24
Misrepresentation by insured	42, 44
Mortgagee, omission from policy	655
National Association of Insurance Commissioners	27
Obligation	26
Oral contracts	28
Parties to legal action	37
Penalties	32
Policy language	28

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Premiums
Accounting for	29
Billing and collection	43
Pretext interview	30
Product Liability Risk Retention Act	47
Professional liability insurance for agents	45
Professional liability insurance for brokers	46
Purchasing groups	47
Rebates	29
Receipt books	29
Reinsurance	47
Representative of insurer in coverage dispute	45
Risk retention groups	47
Sales representative	23
Solicitor	23
Special agent	37
State Corporation Commission	26
Statutory definitions	25
Surplus lines broker
Definitions	47
Licensing	48
Statutory requirements	48
Timing of coverage inception	45
Tort liability	34, 37
Unfair claims settlement practices	30
AGGREGATE LIMIT OF LIABILITY	700
ALIGHTING FROM A MOTOR VEHICLE, DEFINED	394
ALL RISKS	479
ALLOCATION CLAUSE	705
ALTERNATIVE DISPUTE RESOLUTION	773
AMBIGUITY	9
AMBULANCE EXPENSES	401
ANNUITIES	97
APPLICATION
Blank	28
Defined	1
Disclosures	117
Inaccurate	44
Incomplete	28
Misrepresentation. See MISREPRESENTATION
Process	96, 660
Professional liability insurance	591
Reinstatement	97, 155
Signature of insured	44
APPRAISAL, FIRE INSURANCE
Condition precedent	554
Constitutionality	558

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Distinguishable from arbitration	557
Jurisdiction of court, ousting	557
Limited to valuation disputes	554
Mortgagee	544
Procedure	558
Qualifications of appraisers and umpires	560
Statutory requirement	553
Umpire, appointment of	559
Validity	557
When loss payable	561
Written guidelines	562
APPURTENANT STRUCTURE	479
ARBITRATION	45, 351, 773
ARCHITECTS	629, 634
ARSON
Generally	502
Alibi	511
Arson Reporting Immunity Act	493
Bad faith claim	493
Circumstantial evidence	502
Criminal charges, delay in examination pending	493
Criminal conviction	481
Defense to claim	658
Doctrine of chances	513
Incendiary cause	506
Insurer's representative	495
Misrepresentation and concealment	516
Motive	508
Motor vehicle insurance	461
Neglect to protect property	481
Opportunity	511
Prima facie case, elements of	503
Proof	481, 506
Suspicion of	658
Suspicious circumstances	513
Use of topical outline	495
Vandalism exclusion	481
ARSON REPORTING IMMUNITY ACT	493
ASSIGNED RISKS	45, 97, 419
ASSIGNMENT	545, 614
ASSUMPTION OF THE RISK	35, 42
ATTORNEY FEES
Agent, action against	47
Bad faith claim	77, 84, 89
Declaratory judgment	182
Motor vehicle, bad faith claim	77
Professional liability insurance	618

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Third-party beneficiary actions	89
Uninsured motorist insurance	359
ATTORNEY RETAINED BY INSURER FOR INSURED
Generally	53
Compensation	69
Confidentiality
Generally	62, 65
Billing information	65, 68
Consent of client to disclosures	65, 68
Status of litigation report	65
Third-party audit or review	68
Conflicts
Generally	59
Advising insured about	59, 62
Confidential information of insured	62
Coverage	62
Damages not covered by policy	62
Declaratory judgment action of insurer	62
Direct representation of insurer	59
Medical malpractice action	64
Negotiation	64
Reservation of rights letter	62
Settlement	64
Consent to representation	62
Declaratory judgment action of insurer	62
Ethical considerations	53, 55, 58, 59, 65, 69, 71
Independence	69
Insured, status as client	55, 58
Insurer, relationship to	55
Litigation management guidelines
Disclosure to client	59, 69
Ethical conditions	69
Independent judgment and	55
Negotiation	64
Relationship between insured and insurer	54
Selection by insurer	54
Settlement	64
Special interrogatories	62
Special verdict	62
Staff counsel	70
Withdrawal	59, 64
AUTOMOBILE ASSIGNED RISK PLAN	97
AUTOMOBILE INSURANCE PLAN	287
AUTOMOBILE. See MOTOR VEHICLE
BAD FAITH CLAIM
Generally	54, 73
Arson	493

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Burden of proof	91
Contract, claim based on	76, 87
Degree of proof	101
Fire insurance	565
First-party actions
Attorney fees	77, 84
Bifurcation	82
Consequential damages	83
Contract, bad faith claim based on	76
Defenses	80
Defined	73
Direct damages	83
Discovery	82
Expenses as damages	84
Fraudulent claim, suspicion of	73
General damages	83
Good faith standard	75
Interest damages	84
Jury question	83
Opinion work product, discovery of	82
Punitive damages	79, 84
Reasonableness standard	75
Relationship between insurer and insured	73
Statute, bad faith claim based on	77
Tort, bad faith claim based on	79
Unfair trade practices, bad faith claim based on	78
Work product, discovery of	82
Good faith
Duty of in general	33, 73
First-party actions	73, 87
Presumption of	87
Third-party actions	85
Intentional infliction of emotional distress	79
Legal basis for	76, 87
Professional liability policy	610
Secondary insurer, action against primary insurer	91
Settle, bad faith failure to	610
Statute, claim based on	77, 87
Third-party actions
Attorney fees	87, 89
Bifurcation	88
Condition precedent	85
Consequential damages	89
Contract, bad faith claim based on	87
Defenses	88
Defined	85
Discovery	88

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Elements	85
Expenses as damages	89
General damages	89
Good faith standard	85
Interest	89
Jury question	88
Negligence	85
Offers of compromise	85
Punitive damages	88, 89
Relationship between insurer and insured	85
Settlement	8...