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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 \\xa7 55-20.2 by:

\\uf0b7 designating the payment made pursuant to an insurance contract as proceeds from a \\u201csale or disposition\\u201d despite no formal manifestation of such intent, and

\\uf0b7 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:

\\uf0b7 who are the parties to the insurance contract, and

\\uf0b7 who owns the proceeds from a homeowner\\u2019s insurance contract?

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

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