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1995

University of Richmond Law Review

Allstate Insurance Co. v. Eaton

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Full-Text Articles in Law

Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr. Jan 1995

Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr.

University of Richmond Law Review

The Supreme Court of Virginia has recently decided several significant cases in the insurance realm. The court has been most active, at least in number of cases, in the field of uninsured [UM] and underinsured motorist [UIM] coverages, followed closely by decisions affecting automobile liability insurance policies. Although no clearly discernable trend appears to have been established by the court's insurance decisions in the past year, several observations may be made of the cases, as well as the court's general philosophy of judicial interpretation of insurance policies. "An insurance policy is a contract; therefore, we give the words used in …


Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr. Jan 1995

Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.

University of Richmond Law Review

In Burroughs v. Palumbo, defendant was served with process through the Secretary of the Commonwealth. The grounds of defense was due to be filed on September 22, 1994. On September 29, 1994, defendant filed the notice of removal in federal court. On September 30, 1994, the state court entered default judgment against defendant. Later that same day, defendant filed the notice of removal with the state court. Between the time that defendant filed the notice of removal in federal court and the time that he filed it with the state court, both courts had jurisdiction over the case; therefore the …