In Re Camellia Food Stores, Inc
In In Re Camellia Food Stores, Inc., 287 B.R. 52, 60 (ED Va. 2002) the court held that recoupment was not available where Camellia and its insurer had a relationship from 1995 to 2001, because each new insurance contract was distinct. Id. at 60.
The court reasoned that, under applicable Virginia law, a renewal contract of insurance requires the same requirements as any insurance contract, such as mutual assent and consideration. Id.
The policy before the court indicated that every policy would last for only one year, and apparently could be terminated after that point. Id. at 61.