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WELCH v. MILLER AND LONG CO. OF MARYLAND

Record No. 982534.

521 S.E.2d 767 (1999)

258 Va. 447

Monenne Y. WELCH, Administrator of the Estate of Bernie Preston Welch, Jr. v. MILLER AND LONG COMPANY OF MARYLAND, INC., et al.

Supreme Court of Virginia.

November 5, 1999.

Attorney(s) appearing for the Case

Thomas J. Harrigan (Duvall, Harrigan, Hale & Hassan, on briefs), Fairfax, for appellant.

(William J. Carter; David H. Jacobs, Washington, DC, on brief), for appellees Miller and Long Company of Maryland, Inc. and Nathan Gunn. Appellees submitting on brief.

(Brian A. Geschickter, Fairfax, for appellee GEICO). Appellee submitting on brief.

John E. Fricker, Fairfax (Craig L. Sarner; Lewis, Wilson, Lewis & Jones, Fairfax, on brief), for appellee Royal Insurance Company of America.

Present: All the Justices.

COMPTON, Justice.

The question presented in this wrongful death action, stemming from an accident at a construction site, is whether the uninsured motorists statute, Code § 38.2-2206, permits the personal representative of a deceased employee to prosecute a common-law action against the statutory employer and a fellow servant, as well as two uninsured motorist carriers, and collect a judgment from the insurers despite the exclusive remedy provision of the Workers...

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