MASSIE v. BLUE CROSS & BLUE SHIELD OF VA

Record No. 971835.

500 S.E.2d 509 (1998)

Larry MASSIE, et al. v. BLUE CROSS AND BLUE SHIELD OF VIRGINIA.

Supreme Court of Virginia.

June 5, 1998.


Attorney(s) appearing for the Case

Randall A. Eads, Abingdon, for appellants.

Richard E. Ladd, Jr., Abingdon (Mark E. Frye; Penn, Stuart & Eskridge, Bristol, on brief), for appellee.

Present: All the Justices.


KINSER, Justice.

In this appeal, we decide whether the tolling provision in Code § 8.01-229(E)(3), which allows a plaintiff to recommence a cause of action within six months of the date of an order of nonsuit or within the original period of limitation, whichever is longer, applies to a limitation period fixed by contract rather than by statute. Because we conclude that the tolling provision applies only to a statute of limitations, we will affirm the judgment...

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