Podcasts Government Oral Arguments of the Supreme Court of Virginia April 2019 - Nationwide Mutual Fire Insurance Company et al. v. Erie Insurance Exchange

April 2019 - Nationwide Mutual Fire Insurance Company et al. v. Erie Insurance Exchange

Published: May 19, 2019, 3:38 a.m.

This podcast is provided by Ben Glass and Steve Emmert

 

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Granted Appeal Summary:

 

From the Circuit Court of Loudoun County

 

Assignments of Error

 

  1. The trial court erred by ruling that Nationwide’s Complaint failed to state a claim for equitable contribution on the ground that Erie’s consent-to-settlement clause defeated Nationwide’s claim as a matter of law, because (a) Erie waived its consent-to-settlement clause and (b) Erie is estopped from relying on its consent-to-settlement clause.

 

  1. The trial court erred by ruling that Nationwide’s Complaint failed to state a claim for equitable contribution on the ground that Nationwide’s Complaint did not establish a “common obligation.”

 

  1. The trial court erred to the extent that it ruled that Nationwide acted as a “volunteer,” because (a) the volunteer doctrine does not apply under these circumstances and (b) Nationwide did not act as a “volunteer.”

 

  1. The trial court erred by ruling that Nationwide’s Complaint failed to state a claim for equitable subrogation for the same reasons it ruled that Nationwide did not state a claim for equitable contribution.



Source Document: http://www.courts.state.va.us/courts/scv/appeals/180572.pdf