Virginia Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation

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US-000279
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This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.

A Virginia Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation is a legal document filed in Virginia when one party seeks to recover money that has been paid to another party, and also requests a declaratory judgment to determine the responsibility of the parties involved and the concept of subrogation. In this complaint, the plaintiff outlines the circumstances of the payment of money and the reasons for their claim. They assert that they have made a payment, whether voluntarily or due to a legal obligation, and they are seeking recovery of those funds based on specific grounds. These grounds might include breach of contract, fraud, failure to deliver goods or services, or any other valid legal justification for seeking reimbursement. The complaint also requests a declaratory judgment, which is a court ruling that determines the rights and obligations of the parties involved in a legal dispute. In this case, the declaratory judgment seeks to clarify the responsibilities and liabilities of each party, as well as the concept of subrogation. Subrogation refers to the substitution of one party for another in terms of their rights and responsibilities. When naming different types of Virginia Complaints for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation, the specific circumstances and the nature of the dispute will determine the variations. Some possible variations may include: 1. Complaint for Recovery of Monies Paid and Declaratory Judgment in a Breach of Contract Dispute: This type of complaint is filed when one party alleges that the other party has breached the terms of a contract, resulting in the payment of money on their part. The plaintiff seeks both the recovery of the paid money and a declaratory judgment to determine the parties' responsibilities and subrogation rights based on the breach. 2. Complaint for Recovery of Monies Paid and Declaratory Judgment in a Consumer Fraud Case: In this scenario, the plaintiff claims that they have made payments based on fraudulent or deceptive practices by the defendant. They seek to recover the money paid and request a declaratory judgment to establish the responsibilities and subrogation rights in relation to consumer protection laws or regulations. 3. Complaint for Recovery of Monies Paid and Declaratory Judgment in an Insurance Claim Dispute: In this type of complaint, the plaintiff asserts that they have paid money to the defendant under an insurance policy but now believe that the defendant should be responsible for the payment due to their liability or other reasons. The plaintiff seeks the recovery of the paid funds and a declaratory judgment to determine the parties' responsibilities and subrogation rights in relation to the insurance contract or applicable laws. It's important to note that the specific details and circumstances of each case will shape the content and wording of the Virginia Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation. Consulting with an attorney familiar with Virginia law is essential for preparing an accurate and effective complaint.

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The made whole doctrine is the principle that you, as a policyholder, must be ?made whole? before the insurance company may take any money from you (or your settlement) to reimburse itself for the payments it has already made. Subrogation Laws.

Ing to the court, a ?made whole? policy would discourage settlements. An insurer generally is entitled to recover the amount it paid to the insured only if the amount of damages awarded exceeds the difference between the amount the insurer paid and the insured's actual damages.

In cases of actual controversy, circuit courts within the scope of their respective jurisdictions shall have power to make binding adjudications of right, whether or not consequential relief is, or at the time could be, claimed and no action or proceeding shall be open to objection on the ground that a judgment order ...

The Made Whole Doctrine (sometimes referred to as the Made Whole Rule), is a common law doctrine that states a subrogee/insurer is not entitled to recover from an at-fault party unless and until the subrogor/insured has been, or can be, ?made whole.? The doctrine is an equitable defense that an insured can utilize to ...

The court rejected American Empire's assertion that the made whole doctrine is not recognized in Virginia. While noting the doctrine had never been referenced specifically by name by the Virginia Supreme Court, the court found the rationale for the doctrine has long been embraced by Virginia courts.

Being Made Whole and Subrogation Under this doctrine, a person could say that they have not been made whole as a result of the settlement and should therefore not have to repay the insurance that covered their expenses in the interim.

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Page one is completed by the filing party or the attorney for the party. Page two is for clerk's office use only and does not require completion. b. This form ... If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file ...Dec 13, 2017 — ”), 561 (“the declaratory judgment lacks the distinctive characteristics of the equitable remedies.”); Dobbs, Law of Remedies (2nd ed ... Please complete the COMPLAINT FOR DECLARATORY JUDGMENT enclosed in this Packet and sign it in the presence of a Deputy Clerk or Notary Public. Dec 8, 2022 — ... recover the $50,000 in coverage, “enter a declaratory judgment that the payment of Allstate's funds constitutes a tender and walk under Va. The complaint seeks a declaratory judgment that the plaintiff is entitled to ... The parties disputed whether ERISA preempted the application of the Virginia anti ... Apr 19, 2021 — In this dispute between insurers, James River Insurance Company ("James River") seeks reimbursement of defense and indemnity costs from Canal ... Certain subrogation provisions and limitations upon recovery in hospital, medical, etc., policies forbidden; limitations on disclosure of medical treatment ... The opinion that begins on the next page is a slip opinion. Slip opinions are the written opinions that are originally filed by the court. amend his complaint to add a count for declaratory relief against Old Republic with respect to any lien it might attempt assert under W.Va. Code 23-2A-l ...

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Virginia Complaint for Recovery of Monies Paid and for Declaratory Judgment as to Parties' Responsibility and Subrogation