VIRGINIA FARM BUREAU INS. v. TRAVELERS

Record No. 901647.

408 S.E.2d 898 (1991)

VIRGINIA FARM BUREAU INSURANCE COMPANY v. The TRAVELERS INDEMNITY COMPANY.

Supreme Court of Virginia.

September 20, 1991.


Attorney(s) appearing for the Case

Christopher C. Spencer, Richmond (McGuire, Woods, Battle & Boothe, on briefs), for appellant.

Edward H. Starr, Jr., Richmond (Gary J. Spahn, Mays & Valentine, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING and LACY, JJ., and POFF, Senior Justice.


WHITING, Justice.

In this appeal, we construe Code § 38.2-2206(B) to decide which of two insurance carriers, both providing the same insured with uninsured motorist coverage in excess of the statutory minimum, is liable for the payment of his underinsured motorist claim.

On May 3, 1987, Roger Hubble, a passenger in a motor vehicle operated by Linda Clare, was injured severely when another vehicle operated negligently by Harold Steven Garrison collided...

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