Virginia Duty Defend Intentional Tort Accident Property Damage Bodily Injury

ADAM CHARLES COPP v. NATIONWIDE MUTUAL INSURANCE COMPANY, ET AL.

SUPREME COURT OF VIRGINIA

279 Va. 675

April 15, 2010, Decided

At the time of the incident in question, Copp was an insured under a homeowner's policy and an umbrella policy issued by Nationwide to Copp's parents. The homeowner's policy provided coverage for an "occurrence," described as bodily injury or property damage "resulting from an accident," but excluded coverage for liability "caused intentionally by or at direction of an insured, including willful acts the result of which the insured knows or ought to know will follow from the insured's conduct." The umbrella policy provided coverage for personal injury and property damage arising from an "occurrence," meaning an "accident." The umbrella policy contains one clause excluding liability for "personal injury arising out of . . . willful violation of a law by or with the consent of the insured" and a second clause excluding liability for "bodily injury or property damage intended or expected by the insured." However, this latter clause specifically provides that it "does not apply to bodily injury or property damage caused by an insured trying to protect person or property."

Whether the insurer had no duty to defend for any of the intentional acts alleged in the complaint?

Nationwide says, the four corners of the complaint only alleged intentional torts, and the insurance policies provided coverage only for an "occurrence," which is defined as "resulting from an accident." Therefore, Nationwide concludes, "there were no facts or circumstances alleged in the complaint that would fall within the risk covered by the policy," and "the trial court could not consider Copp's claim that his acts were made in self defense, because matters raised by the insured in defense of the claim are not to be considered in evaluating whether there is a duty to defend.

The court held that "the umbrella policy contains an exception to the exclusion relating to "bodily injury or property damage intended or expected by the insured." The exception is found in one of the four corners of the insurance contract and stands on an equal footing with other provisions thereof. It cannot be ignored or explained away on specious grounds. And it requires consideration of an insured's claim that he or she caused bodily injury or property damage trying to protect person or property in evaluating whether there is a duty to defend in a given case."

Accordingly we will reverse the judgment of the circuit court and remand the case with direction to enter an order declaring the rights and duties of the parties consistent with the views expressed in this opinion.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.

Checking the Exterior and Interior for Water Damage

Most people think that water damage is hard to solve. Well, it definitely is and that's why you need to seek the help of experts. Prevention is better but when there are accidents and natural calamities, you can't do anything about it. It is important that you check the interior and exterior of the house or building regularly. That way, you can reduce the costs of water damage. If you need any form of assistance, you can check out Water Damage R Us.

The exterior part of the building or home is exposed to harsh weather. You will need the help of professionals especially when you check the roofing. It is vital that roofing materials, siding, soffits, and flashes are checked for any leaks or deterioration. A contractor also needs to look into the downspouts, gutters, and eaves. Any debris should be removed to ensure that water flows freely. To ensure that the roof's life will last for many years, the ventilation and insulation of the attic should be inspected as well.

There are times when stagnant water is found in crawl spaces or the basement. If you can find signs of dampness or any plumbing leaks, you have to act on it at once. The pipes should be well insulated especially the ones exposed to freezing temperatures. Hose connections on the yard should also be disconnected prior to winter or fall.

You can contact the professionals of Water Damage R Us to get quotes on the project that you would like to accomplish. This is a great way to determine if you can afford the cost of paying for professional services. The latter is better because if you attempt on DIY activities, it might cost you more in the future especially if you can't do things right.

It is not only the exterior that is exposed to water damage. In fact, the interior should also be inspected regularly. You will have to check if the floors, walls, and ceilings are leaking. Anything that uses water, including appliances, should be monitored closely. This will include dishwashers, icemakers, and washing machines. If you see any signs of deterioration, bulging, or cracking of the hoses, you have to replace them at once. To prevent the buildup of molds, tubs, showers, and sinks should be re-grouted or re-caulked. If there are leaks on the water heater, you can use a small pan or any other container to catch the water.

Water damage is costly and if you want to control the costs of hiring professionals, regular inspection and monitoring can help. The tasks mentioned earlier are not hard to do. In fact, you can easily check the exterior and interior over the weekend. Why not trust the experts like Water Damage R Us? The company is well known for its water damage services, leak detection, mold remediation, and restoration services. Obviously, the restoration services are the most expensive because the damage has been done. If you want to save on water damage expenses, you should act on the situation at once. Please visit our website www.waterdamagerus.com

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Smoke Fire Damage - How Should You Deal With Cleaning It Up?

After a fire happens in your home, smoke fire damage is a big problem that needs to be cleaned up right away. If you don't get it cleaned up, then other problems can happen because of it. It is essential for you to know the best way for you to deal with cleaning up the smoke that is left behind.

Many people don't realize that smoke is something that can be a big problem if not cleaned up right. Smoke has a tendency to linger in homes where a fire has happened.

This leaves the air in your home unsafe for anyone to breathe in. Plus, smoke can linger in places where you wouldn't even consider, unless you have experience with fire and smoke.

It can be in your air ducts, in the walls, furniture, clothing and many other places. So, the best thing to do is to find someone to help you that have the experience with cleaning up smoke damage.

There are many professional services that you can find that have the knowledge and experience to get the job done right. Before you hire any fire damage company to help you, it is important that you take time to find a good one.

This will take a little time and research, but it will be well worth it when your home is free and clear of smoke.

There is a lot of work that needs to be done to get your home cleaned up right after a fire. One of the things that need to be done is cleaning up the soot left from the smoke and fire.

This oily substance will stain everything it can like the carpets and draperies. This requires a special type of vacuum to clean up.

The professionals will have the tools needed to get the soot and smoke cleaned up right. Once the soot has been removed, deodorizing needs to be done. Opening all the windows is one thing you can do or you can leave this to the professionals.

This will give the air in your home a chance to be replaced by fresh, clean air so your home can be quickly cleaned out. Deodorizing is vital to get rid of the smoke odor for good because it is not good air for your family to breathe.

The professionals know exactly how to clean up the smoke, no matter where it may be lingering. One process that the specialists will use to help get rid of smoke is known as thermal fogging.

This is needed to get the smoke odor out of the walls where it will linger for years if not cleaned up right.

These are the most important things that need to be done for cleaning up smoke fire damage in any home. Letting the professionals handle it is a good idea because it will be easier on you and because this will ensure that it is done right so your family can be safe in their home and can breathe fresh air that will not cause them healthy problems.

If you enjoyed this article by Jeff Schuman please visit our Cinncinnati Water and Fire Damage Restoration website today. Our services include cleaning carpets, upholstery, air ducts, drapes, ceilings, walls, and any biohazard situation. Our emergency call center is prepared to handle your Cinncinnati and Dayton call 24 hours a day, 7 days a week, and 365 days a year. http://www.water-fire-damage-restoration.com

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DUI Issues: Property Damage

Information about accidents related to driving under the influence of alcohol or drugs, known commonly as a DUI accident, mostly offers statistics related to injuries or fatalities. Very few informative pieces offer information and resources regarding the massive amounts of property damage in these accidents. After all, millions of dollars of property damage due to DUI issues cannot be overlooked, and should be integrated as a key part of learning about the affects of driving under the influence.

The main types of property affected in a DUI accident are vehicles and property. Here is a quick breakdown of the millions even billions spent each year.

Vehicles of All Kinds

The most obvious type of property damage related to a DUI accident is vehicular, from a victim's car to the offender's vehicle. Any vehicle that suffered damage is considered a form of property damage, and the monetary value of this nature likely numbers in the millions each year. In accidents involving more than two vehicles, the cost is even higher, and the result is felt most by insurance companies nationwide.

Consider all of the types of vehicles that you see on the roadways each day. Tractor-trailers, large SUVs, trucks, cars, motorcycles, and even bicycles pass you on a daily basis, and any one of these can be the target of a DUI accident.

Affects on Insurance Rates

Have you ever wondered why everyone's insurance rate suddenly increases without warning? Property damage can be a major factor in this problem, as insurance companies seek to compensate for the millions paid out each year in vehicle damages alone. Medical payments are not even included in this statistic, and these also play a huge role in the insurance hikes each year.

This is not an invitation to see DUI offenders as heinous criminals simply because they can make your insurance rates increase. Social stigma is a key concern already, and associating your financial stress with someone involved in a DUI accident can leave you even more frustrated.

Damage to Other Property

Vehicles are not the only type of property that can be damaged in a DUI accident, although they are primary targets. Everything from street signs to curbs and even guardrails can be included as property damage, costing the respective county or state millions each year. In some cases, even homes or businesses can be damaged in a DUI accident, especially if a vehicle crashes into the structure directly.

This information is provided solely for informational purposes and does not constitute legal advice.

William Bly of The Law Office of William T. Bly is a criminal defense lawyer near Portland Maine who spends part of his practice on issues related to drunk driving in Maine. To read more information, please visit the firm's Maine OUI focused website.

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Property Damage Are Parents Liable For Kids Actions?

Property damage happens as often as accidents. As a result, people can be either injured, or with personal injury lawyers bringing cases in which you can end up paying a lot of money due to the damages suffered. During the Halloween season, many kids wearing costumes think it is humorous to go around and egg people's houses or ruin their decorations causing property damage. Recently, it was discovered that when children are caught causing property damage, their parents can be on the hook for their actions.

What this means, is that lawmakers, lawyers and people whose houses have been damaged, feel it is your fault as a parent that these actions occurred. In court, this is called being liable, as your children come under your supervision. Meaning to say you have an obligation to teach them the correct techniques in life, such as not destroying other people's property.

Depending on where you live, tort law governing civil cases regarding property damage, may in fact find parents liable when their children damage other people's property. We recommend contacting a lawyer like David Himelfarb if any of these damages resulted in injury. However, if a child accidentally destroys someone's property, and it is discovered to be an accident, parents will not be held liable for their children's actions. Yet, if your kid has a reputation of continuously causing trouble and ruining people's property, the courts may find you negligible for their actions, since you never did anything to prevent the cycle from continuing.

Legally, parents have a responsibility for their children's actions up until the child reaches the age of 18. Once they turn 18, the child accepts adult responsibility as deemed by the government, and thus the child is charged for their own actions. In short, if you want to prevent becoming liable for your children's actions, teach them how to treat everyone with respect and not to destroy people's property.

Fire Restoration – Tackle Your Fire Damage and Smoke Damage with Professional Help

Fire damage and smoke damage can leave a homeowner in a pretty distressed emotional state. However, one should try to overcome their unfortunate loss by thinking about ways to restore their home as soon as possible as quick action will often help a person save a lot of money when it comes to fire damage. This is because fire damage and smoke damage can continue to affect your property even after the fire has been put out.

For example, the smoke left behind from the fire can be absorbed by various materials in the house, especially if they are porous in nature. Carpets, walls and even ceilings will continue to absorb the smoke left behind and it will remain even after several months. Unless you know what chemicals and deodorizers to use, it will be very difficult to restore your home to the old self. A professional fire restoration company will use their expertise in dealing with smoke damage they may even move out furniture and other belongings to an offsite facility for cleaning and restoration this eliminates the risk of further contamination by smoke damage. Once they have been moved out, they will use various EPA approved chemicals along with ozone cleaners to rid the furniture and other belongings of the smoke odor. Fire damage experts will also be able to restore slightly damaged furniture if they are scorched or singed in the heat. However, materials that have been partially burnt or charred will be very difficult to restore.

One would also have to consider the method in which the fire was put out. If it was a huge fire, it would probably mean that an excessive amount of water was used to put out the fire. This water will need to be cleaned up as well as water can very easily damage construction materials and also aid in the growth of mold which can present several health risks. A professional fire damage restoration company will use dehumidifiers, blowers and water extraction units to quickly get rid of the water that was used to put out the fire. In some cases, a foam extinguisher might have been used to out the fire. This will need a different cleaning process which can easily be carried out by a fire damage restoration company.

Most insurance companies will advise you to hire a professional fire restoration company. They might even recommend one on their own. A fire restoration company will also be able to help you with the complicated insurance forms that will be required to claim damages and expenses related to your fire accident.

Many homeowners think very hard before they hire a fire restoration company as the expenses that will be required to hire them will often be fairly high. However, one will have to understand that a fire restoration company will actually help the home owner save a lot of money. A homeowner who tries to restore his house on his own might make some progress on his or her own although the lack of expert knowledge combined with the lack of commercial equipment will quickly hamper their restoration progress
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Fire and Smoke Damage - Cleanup and Restoration

No one wants to experience, let alone suffer from a house fire accident. But let us face it, no matter how much we avoid it, we have to be ready in case we are the unlucky victims of this common household hazard.

According to the US Federal Emergency Management Agency, a house fire accident is listed as one of the most common residential threats in the United States. Apart from the traumatic experience that homeowners may endure, there is also the difficulty of cleaning up the damaged area and restoring items, such as draperies, furniture, clothes, and carpets. Thus, it is really important to know the SOP should our home fall prey from fire and smoke damage.

Fire and Smoke Damage Cleanup and Restoration Preparation

Before doing any cleanup and restoration work, see to it that you wear protective gears, such as long gloves, face mask, safety goggles, and appropriate clothing. Even if the fire is completely extinguished, dust, soot, and hazardous fumes are still present in the room. Inhaling these particles, together with abrasive cleaning chemicals, is harmful to the skin and lungs. Since prevention is better that cure, wearing safety gear is one way of keeping you safe from the risks of these harmful particles.

Cleaning Process

Before getting started, decide on the type and amount of cleaning supplies that you are going. You may choose between gentle or abrasive cleaners depending on the level of fire and smoke damage.

One effective cleaner for fire and smoke damage is the Trisodium Phosphate (TSP), A chemical commonly used for cleaning exterior surfaces. Since TSP can cause abrasion, skin burn, and eye damage, don't start cleaning unless you wear appropriate clothing and protective gear. Make sure that rags, sponges, buckets, bleach, and warm water are ready. Read and follow the directions indicated on the bottle and mix the chemical with the right amount of bleach or warm water. Take a scouring sponge and scrub areas one at a time. After scrubbing, rinse the small section with a clean rag and water to. Never let the TSP stay on the surface for long because it could damage and discolor the wall or flooring.

Call a Professional

Fire and smoke can get anywhere, and cleaning up the damage can be more challenging than expected. All the areas of the house, from the ceiling and the walls to floors, carpets and furniture, should be cleaned thoroughly even if they don't look dirty or damaged. Ask the help of friends or relatives to help when cleaning up. But if the damage is more extensive and severe, it would be more practical to contact a professional to get the job done.

Restoring your home is possible if the paint is peeling or the wallpaper is bubbled. If the wall and ceiling is beyond repair, they still need to be cleaned to eliminate the dust, soot and harmful fumes. Either way, the smartest route for post-fire damage is to consult a professional who assess the damage and provide you with an cleanup and restoration service that will make your battered house the home that you've always wanted.

For more information, visit http://www.warriorrestoration.net and find more ways to keep your home free from mold and damage and hazards that might prove dangerous to your home and to your health.

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Storm Damage - Bucket Trucks to the Rescue!

The destroying damage caused by a storm is really hard to imagine. Rescuers from across the country head to devastated areas responding to the call for demanding physical work and the endurance of long days away from home. These rescuers are the modern heroes or 'storm troopers' who relentlessly put forth their effort for the restoration of a devastated area due to the damage caused by weather.

Fortunately, heavy equipment is also quickly available during these times of calamity, frequently with mobile "storm trailers." Trailer trucks and other utility vehicles are positioned in different affected regions to help ease the drain of resources for the restoration caused by nature's calamity. These storm trailers can aid in the recovery of a devastated area by supplying essential tools, safety supplies and other accessories needed by line crews. The storm trailers are located in the Southern United States during the hurricane and tropical storm season, while they are repositioned in the Northern United States during the winter storm season to provide quicker support response.

The amount of destruction is largely related to electrical lines and other electrical supply problems such as damaged transformers, downed power wires, etc., and the workers' risks for electrocution in restoring these damages is very high. Thus, vehicles such as bucket trucks and the parts associated with them are equipped with tools and accessories that efficiently help workers accomplish even the most risky of tasks.

Safety from Electrocution

Workers and operators must receive sufficient electrical safety training, especially those who are working closely with energized power lines. There are several manufacturers who offer bucket safety training for workers and operators.

On the other hand, since rubber tires will not prevent the bucket truck from becoming energized should the boom come in contact with an electrical line that is live, the vehicle must be insulated and must use a grounding cable when working near energized lines. Furthermore, it should be tested for integrity in order to ensure safety.

Work Only with Insulated Aerial Lifting Platforms

Upper controls or aerial lifting platforms that are not insulated could allow electrical continuity thus causing a possible fatal hazard to workers. Most bucket trucks are produced with this kind of design with a recent addition by Altec Industries of the development of a boom-tip cover kit which expands protection against electrical hazards when metal components in the upper boom area accidentally make contact with uncovered energized power lines. They also manufacture insulated handles for controls to ensure safety with linemen working in the aerial lift.

Lowering the Risk

It is always a possibility that the failure or improper use of this equipment during a rescue operation could result in traumatic or even fatal injuries. The following tips are highly recommended for safety while performing such an endeavor.

* Operators should be aware of the activities around them to prevent the equipment from running over workers on foot.
* Operators should only work within the maximum lifting capacity of the bucket truck.
* Operators should ensure that no workers will walk under or through areas where the bucket trucks are being used.
* Workers should be prohibited from riding or climbing onto loads that are being moved or lifted.
* Ensure that workers and operators utilize the Personal Protective Equipment for safety.

Responding to a catastrophe without being sufficiently prepared and without the proper training could cause more problems since there is such a high risk of fatal accidents. Sufficient training and getting the proper equipment will make the job safer and more efficient. Then bucket trucks with hard-working 'storm troopers' can come in safety to the rescue of those facing the daunting task of clean-up after storm damage!

Christopher M. Hunter is an expert in commercial specialty trucks. Click here to find out more about Bucket Truck Parts.

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