244) Under section 433B, each joint tortfeasor
Under Virginia law, an injured party possesses no right to recover tort damages from the tortfeasor
's insurer until reducing his claim to a judgment against the tortfeasor
, the court said.
Where multiple tortfeasors
are involved in an accident in which an underinsured-motorist policyholder is injured, the policyholder must be placed in the same position as if each tortfeasor
carried the same amount of insurance as the policyholder.
insurer, the other, a suit in tort against the tortfeasor
, was no longer
The Supreme Court ultimately found in Clements that, while the trial judge should not have applied the material contribution to risk test to find causation in that single tortfeasor
case, he erred in his application of the "but for" test.
A plaintiff can recover damages for the reasonable value of medical services from the tortfeasor
, even if that injured party, the plaintiff, has already received complete compensation for her medical services from a third party.
First, this Part will consider liability rules that are basically applicable in the case of technological disasters when there is an identifiable tortfeasor
In practice, the intermediate version is better for the tortfeasor
than the ex post version applied in a random manner.
2) A sued joint tortfeasor
may implead others or may later commence a contribution action against those not joined, as prescribed in the first Contribution among Joint Tortfeasors
Questions of control arise because the tort victim's rights are the vehicle by which the insurer will get paid by the tortfeasor
THE GENERAL DETERRENT EFFECT OF PUNITIVE DAMAGES WHEN THE TORTFEASOR
At common law if one released one of several joint tortfeasors
, all were released irrespective of the intent of the parties to the release.