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TRISVAN v. AGWAY INS. CO.

Record No. 962600.

492 S.E.2d 628 (1997)

Bernard J. TRISVAN, Jr. v. AGWAY INSURANCE COMPANY

Supreme Court of Virginia.

October 31, 1997.

Attorney(s) appearing for the Case

Brenda L. Page (Tracey Randall Dunlap; Sylvia Cosby Jones; Page & Associates, on briefs), Richmond, for appellant.

Deborah S. O'Toole (Cowan & Owen, on brief), Richmond, for appellee.

Amicus Curiae: Virginia Trial Lawyers Association (Gerald A. Schwartz, Alexandria, on brief), in support of appellant.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN, and KINSER, JJ., and POFF, Senior Justice.

LACY, Justice.

In this appeal, we construe Code § 38.2-2206 to determine whether, in a single vehicle accident, the uninsured/ underinsured motorist (UM/UIM) endorsement of a tortfeasor's automobile liability insurance policy is to be considered when determining the extent to which the tortfeasor's motor vehicle is underinsured.

The facts are not in dispute. On April 9, 1994, Bernard J. Trisvan, Jr., was a passenger in a car driven by Marcus Wilson Smith...

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