Archive for the ‘Virginia’ Category

Off Target – Hunting Club Insurance Doesn’t Cover Member Involved in Accidental Shooting (VA)

August 6, 2015

Marks v. Scottsdale Co. (Virginia)

This case involves a creative attempt by a tortfeasor to find insurance coverage.  The plaintiff Ray Marks, Jr. (“Marks) was a nonmember the defendant hunting club.  He had been injured when he was accidentally shot by a hunting club member (plaintiff Timothy B. Johnson [“Johnson”]) as the Marks was driving by the club’s property.  Both Marks and Johnson sued the club’s general liability insurer after the insurer denied insurance coverage to Johnson for the incident.  The insurer filed a motion for summary judgment contending that the club’s policy did not cover club members for their personal recreational activities, and the trial court granted the motion.  Plaintiffs appealed. (more…)

Sold!

June 21, 2007

Kocinec v. Public Storage, Inc. (Virginia-NOT PUBLISHED)
(Contents of Public Storage Unit Sold, Plaintiff Alleged Failure to Notify; Limitation of Liability in Storage Contract Enforced)

The plaintiff entered into a rental agreement with the defendant public storage facility.  The plaintiff made a late payment and was later informed that the contents of the storage unit were sold by the defendant.  Plaintiff sued for the value of the contents at $70,000, contending that the defendant failed to provide sufficient notice to him prior to the sale and that the defendant had failed to satisfy its statutory obligations.  The defendant argued that its damages were contractually limited to $5,000 pursuant to the rental agreement. 

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