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BRAY v. INSURANCE CO. OF THE STATE OF PA.

Nos. 89-2383, 89-2389.

917 F.2d 130 (1990)

Joseph C. BRAY, Plaintiff-Appellant, v. The INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant-Appellee, and Nationwide Mutual Fire Insurance Company, Defendant. Joseph C. BRAY, Plaintiff-Appellee, v. The INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant-Appellant, and Nationwide Mutual Fire Insurance Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 17, 1990.

As Amended November 6, 1990.

Attorney(s) appearing for the Case

Richard Neal Shapiro (argued), Sykes, Carnes, Bourdon, Ahern & Shapiro, P.C., Virginia Beach, Va., for appellant.

Ronald Keith Jaicks, Ralph Boccarosse, Jr. (on brief), Siciliano, Ellis, Dyer & Boccarosse, Fairfax, Va., for appellee.

Before HALL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Joseph C. Bray appeals from a judgment denying him underinsured motorist coverage on a semi-trailer he was hauling when he was injured in an accident. We reverse because Virginia law entitles Bray to underinsurance coverage, although the policy issued to the owner of the semi-trailer did not on its face purport to afford this coverage.

I

Bray, a resident of Virginia, was driving a tractor-trailer in Seaford, Delaware...

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