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Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass Jan 1989

Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass

Law Faculty Publications

This article begins with a brief introduction to Virginia's uninsured motorist statute. The article then addresses the stacking of uninsured and underinsured motorist coverage and the problem of multiple tortfeasors. It also addresses the priority among insurers, where several uninsured motorist insurance carriers may be held liable for a single injury. The article closes with a summary of the most recent legislative and judicial pronouncements on the subject. A review of Virginia cases demonstrates that the result in almost any stacking problem is best determined by reference to a very simple rule: Read the Statute and Read the Policy!


Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich Jan 1989

Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich

University of Richmond Law Review

This article addresses developments in Virginia creditors' rights from April 1988 to April 1989. It is aimed at the non-specialist who nonetheless handles creditors' rights problems in practice. The following will describe the more important holdings and offer some comments about these holdings.


The Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach Jan 1989

The Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach

University of Richmond Law Review

The problems associated with court appointed guardianship are axiomatic. The public nature of the court proceeding required for appointment of a guardian is of concern to many families who become involved in the process. The expense and delay associated with the original hearing, as well as subsequent hearings that may be necessary in the operation of the guardianship, are also a great disadvantage of guardianship. As a means of managing property, guardianship is cumbersome, expensive and inflexible. Recently, stories of the expense and potential abuse of guardianship for adults have found their way into the popular press. While most people …


Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland Jan 1989

Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland

University of Richmond Law Review

A profound chapter in Virginia land use law has begun. The Chesapeake Bay Preservation Act ("CBPA"), passed in 1988, asks localities to look beyond their geographic boundaries and beyond the health and well-being of their citizens, and to exercise their police and zoning powers to protect the quality of state waters. Localities also are asked to cooperate with a new state agency violating the sanctum of the local government land use prerogative.


Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton Jan 1989

Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton

University of Richmond Law Review

In its 1989 session, the General Assembly amended several medical malpractice statutes. Perhaps the most important changes expanded the definition of "health care provider" under the Medical Malpractice Act (the "Act"), and clarified the qualification requirements for expert witnesses.


Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass, Francis E. Telegadas Jan 1989

Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass, Francis E. Telegadas

University of Richmond Law Review

Often, the first question asked by a plaintiff's attorney in evaluating a serious automobile accident case is, "How much insurance coverage is available?" That same question can pose perplexing issues for defense attorneys or insurance counsel in assessing a client's exposure to liability. In Virginia, these questions often re- quire the attorney to consider the application of Virginia's Uninsured Motorist statutes and the import of "stacking" of coverage.


Annual Survey Of Virginia Law: Health Care Law, Heman A. Marshall Iii Jan 1989

Annual Survey Of Virginia Law: Health Care Law, Heman A. Marshall Iii

University of Richmond Law Review

Health care law has proven to be a fertile ground for both legislative and judicial activity. The field covers a wide range of legal concerns including regulatory issues such as the Virginia Certificate of Public Need laws, hospital licensure statutes, antitrust issues as they relate to the activities of physicians, hospitals and other health care related institutions, as well as basic issues of contract and tort law. The recent year witnessed substantial legislative and judicial changes. This article discusses these changes as they affect hospitals, physicians and other participants in the health care industry in the Commonwealth of Virginia.


Annual Survey Of Virginia Law: The Rules Of Court For The General District Courts Of Virginia, J. R. Zepkin Jan 1989

Annual Survey Of Virginia Law: The Rules Of Court For The General District Courts Of Virginia, J. R. Zepkin

University of Richmond Law Review

In the spring of 1986, a proposal was made to the Advisory Committee on the Rules of Court to the Judicial Council of Virginia (the "Advisory Committee") for a reorganization and review of the Rules of Court for the general district courts. The Advisory Committee authorized the creation of a subcommittee.