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LUNSFORD v. ALLSTATE INS. CO.

No. 93-1596.

637 So.2d 345 (1994)

Linda LUNSFORD and Kelly Hott, Appellants, v. ALLSTATE INSURANCE COMANY, a corporation and General Accident Insurance Company, a corporation, Appellees.

District Court of Appeal of Florida, Fifth District.

May 27, 1994.

Attorney(s) appearing for the Case

Joseph G. Dykes, Jr., Landis, Graham, French, Husfeld, Sherman & Ford, P.A., DeLand, for appellants.

Wallace W. Tudhope, Beers, Jack, Tudhope & Wyatt, P.A., Maitland, for appellee Allstate Ins. Co.

Gregory S. Stark, Jeffery & Marshall, P.A., Maitland, for appellee Gen. Acc. Ins. Co.

HARRIS, Chief Judge.

The primary issue on appeal is whether, under Virginia and West Virginia law, the plaintiffs' claims for underinsured motorist benefits come within those states' tort or contract statutes of limitation. The trial court granted summary judgment on the basis that the Virginia and West Virginia two-year tort statutes of limitation apply.

Linda Lunsford and Kelly Hott sustained injuries in an automobile accident which occurred on February...

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