This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Insurance Notice of Claim and the related topic of personal injury. For more information about insurance see the pages on Wikipedia.
Insurance Notice Of Claim-Statutes
See Va. Code § 46.2-424 as to duty of insurance company when notified of auto accident involving insured vehicle.
Insurance Notice Of Claim-Cases
2011 Dabney v. Augusta Mut. Ins. Co., 282 Va. 78, 710 S.E.2d 726.
Under this homeowner’s policy, jury issue presented as to whether notice of accident was given “as soon as is practical.”
1992 State Farm Fire & Cas. Co. v. Walton, 244 Va. 498, 423 S.E.2d 188.
Notice was given two years after defendant had been put on notice of potential claim. Such late notice was substantial and material violation of notice requirement of policy, and carrier need not show that it was prejudiced by late notice. Late notice in this case was material breach of contract.
1988 State Farm v. Scott, 236 Va. 116, 372 S.E.2d 383.
Compliance with notice provision of auto liability policy is condition precedent to coverage. Whether notice has been given as soon as practicable is question of fact. Prejudice is not requirement although it is element to be considered.
