Legal Question in Civil Litigation in Virginia

fighting for the little guy

i believe i have a unique situation and i'm someone can assist me in finding an logical answer.

i was sued by an insurance company, by way of the insured. the insurance company listed the insured on the complaint, but not themselves. Are they, the insurance company entitled to the judgment? i have been searching the Code of Virginia and US Code, as well. All I've came up with is 8.01-5 (Va Code) and Title 28 app Fed. Rule 15. I'm looking for a statute more decisive. Any suggestions?


Asked on 10/31/08, 6:06 am

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: fighting for the little guy

Whether there is a judgment is up to the judge. You may be wasting your time seeking out law on this. You don't say what type of case this is. The case would be filed in the insured's name, but the judgment could inure to the benefit of the company.

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Answered on 10/31/08, 7:47 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: fighting for the little guy

The insurance company may be subrogated (have a claim) to any funds which their insured may receive by way of any judgment which is obtained in the case due to payments that this insured may have previously received in the matter from various other sources.

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Answered on 10/31/08, 10:24 am


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