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Granted Appeal Summary


Case

ANDREA GAIL JONES v. TERRY M. PHILLIPS, ET AL. (Record Number 190643)

From

The Circuit Court of Powhatan County; P.W. Cella, Judge.

Counsel

Noah J. Nelson (The Rahman Group PLLC) for appellant.

Scott D. Stovall and W. Henry M. Jones (CowanGates) for appellees.

Assignments of Error

1. The trial court erred in its interpretation of Virginia Code § 55-20.2 by:

 designating the payment made pursuant to an insurance contract as proceeds from a “sale or disposition” despite no formal manifestation of such intent, and

 ignoring the permissive wording of the statute.

2. The trial court erred in failing to analyze the case through the lens of contract law, specifically:

 who are the parties to the insurance contract, and

 who owns the proceeds from a homeowner’s insurance contract?

http://www.courts.state.va.us/courts/scv/appeals/190643.pdf