15 Mar Virginia: Personal Injury – a Lawyer’s Notice
Dabney v. Augusta Mutual Ins. Co., 282 Va. 78 (2011) addressed the timeliness of notice to defendant’s insurer. Augusta Mutual asserted that the insured not sending notice until 254 days after being served with the personal injury lawsuit was untimely.
“Given the extenuating circumstances presented in this case, whether Jackson’s notice was timely under the Augusta policy was a question of fact upon which reasonable minds could disagree,” wrote Justice Millette. Id. at 89. Hence Dabney reversed the trial court’s dismissal of the lawsuit and remanded. Id.