DAIRYLAND INS. CO. v. SYLVA

Record No. 901541.

409 S.E.2d 127 (1991)

DAIRYLAND INSURANCE COMPANY v. Nickolas Anthony SYLVA, et al.

Supreme Court of Virginia.

September 20, 1991.


Attorney(s) appearing for the Case

James A. Howard, II, Norfolk (Howard & Howard, on brief), for appellant.

Lance A. Jackson, Norfolk (Edward L. Breeden, III, on brief), for appellee Allstate Ins. Co.

No brief or argument for appellee Nickolas Anthony Sylva.

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


WHITING, Justice.

In this declaratory judgment suit we determine whether the primary or the secondary underinsured motorist carrier is entitled to the Code § 38.2-2206(B) credit for the tort-feasor's liability coverage payment.

On July 27, 1989, Nickolas Anthony Sylva was injured when the motorcycle that he was operating was struck by a car driven by Matthew Rockstroh. Three insurance policies are involved in this case.

Allstate Insurance Company...

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