DABNEY v. AUGUSTA MUT. INS. CO.

Record No. 100841.

710 S.E.2d 726 (2011)

282 Va. 78

Pauline DABNEY v. AUGUSTA MUTUAL INSURANCE COMPANY, et al.

Supreme Court of Virginia.

June 9, 2011.


Attorney(s) appearing for the Case

Frank K. Friedman ( Erin B. Ashwell ; Michael A. Cleary ; Woods Rogers, on brief), Roanoke, for appellant.

Humes J. Franklin, III ( Daniel L. Fitch ; Wharton Aldhizer & Weaver, on brief), Harrisonburg, for appellee Augusta Mutual Insurance Company.

No brief filed by appellee Thelma Jenkins , Administratix of the Estate of Elease Y. Otey.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and RUSSELL and LACY, S.JJ.


Opinion by Justice LEROY F. MILLETTE, JR.

In this appeal, we consider two issues. First, whether the circuit court erred in barring the jury from considering whether an insurer discovered a claim under an insured's policy in early 2005 when the plaintiff's amended complaint only alleged that the insurer discovered the claim in 2004. Second, whether the circuit court erred in ruling as a matter of law that an insured's notice...

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