Copenhaver v. Davis

By Judge F. Ward Harkrader, Jr.

I wish to thank counsel for their memoranda in the above-captioned case. Addressing first the motion of GEICO for summary judgment based on the plaintiff’s failure to meet the conditions of the insurance contract and § 38.2-2206, the arguments of GEICO are closely related to its position in support of its motion to dismiss. As the Court stated in ruling on the motion to dismiss, we believe that the statute was intended to provide and does provide a remedy for pre-trial bad faith behavior by insurance companies. Now GEICO, for purposes of argument, conceding §…