Category: Products Liability


Fourth Circuit Holds That The Accidental Disclosure of Medical Records on the Internet Triggered Duty to Defend

April 14, 2016 | by: Rob Friedman | Leave a Comment

In Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit recently affirmed a federal district court’s determination that a class action lawsuit arising out of a medical records safekeeping firm’s alleged failure to safeguard confidential medical records triggered an insurer’s duty to defend under a policy that afforded coverage for damages arising out of “electronic publication of material that… gives unreasonable publicity to a person’s private life” or the “electronic publication of material that… discloses information about a person’s private life” (the specific policy language changed at renewal, but the court found them materially identical). In the … Continue reading

Be Careful What You Ask For!

June 18, 2015 | by: Melissa York | Leave a Comment

The Supreme Court of Virginia recently affirmed a Circuit Court’s Order denying plaintiff’s motion to set aside the default judgment she obtained against the defendant, even though the defendant was never properly served with the summons and complaint. Sauder v. Ferguson arose out of an October 2009 motor vehicle accident.  Susan Sauder filed a complaint against Dennie Lee Ferguson seeking damages from the accident.  Sauder obtained posted service on Ferguson at an old address listed on the 2009 police report.  Sauder also served Rockingham Mutual Insurance Company by personal service on its registered agent, instead of Rockingham Casualty Company, her … Continue reading

Is the Demurrer Officially Dead In Negligence Cases?

January 14, 2014 | by: HCCW | Leave a Comment

It is increasingly difficult for defendants to win at the demurrer stage in negligence cases in Virginia.  A recent Virginia Supreme Court decision further eviscerated the power of the demurrer and confirmed the Court’s apparent change in direction on this issue, away from the requirement that Plaintiffs must allege proximate cause and toward an interpretation of Rule 3:18 that allows facts tantamount to res ipsa loquitur to survive demurrer. In Patel v. Williamsburg Indoor Sports Complex, LLC et. al., Record No. 130237, November 22, 2013, the Supreme Court of Virginia reversed the trial court’s grant of the defendant’s demurrer without … Continue reading