that, though addressing facts and legal issues different from the ones here, provide basic insight into the relationship between the insured and insurer under Virginia law. See Autumn Ridge, L.P. v. Acordia of Va. Ins. Agency, Inc., 270 Va. 83, 613 S.E.2d 435, 438 (2005) (“The risk undertaken by the insurer is an essential element of a contract of insurance, and no premium is due from the insured unless the risk attaches."); Ingrams v. Mut. Assur. Soc., 40 Va. 661, 668 (Va.1843) ("For the premium paid by the insured, and the risk which the insurer takes upon himself, are considerations each for the other; they are correlatives, whose mutual operation constitutes the essence of the insurance contract.”); see also Foremost Guar. Corp. v. Meritor Sav. Bank, 910 F.2d 118 (4th Cir.1990) (<HOLDING>). Not surprisingly, the axiom also finds
holding that an insurance company does not act in bad faith solely because it fails to accept a settlement offer within the deadline set by the injured persons attorney but that a jury question on the reasonableness of the insurers actions arose when an insurance company failed to respond to a deadline to settle a claim within policy limits when the company had knowledge of clear liability and special damages exceeding the policy limits recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application holding that insureds failure to list his brother as a member of the household was a material misrepresentation that provided the insurance company with grounds to rescind the policy holding an insurance company waived the right to rescind coverage when it continued to accept premiums with knowledge of grounds for rescission holding that the employer created an erisa plan when it 1 paid for the employees insurance 2 contracted with the insurance company for coverage and eligibility requirements and 3 collected and remitted the employees dependents premiums