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BERCZEK v. ERIE INS. GROUP

Record No. 991117.

529 S.E.2d 89 (2000)

John A. BERCZEK v. ERIE INSURANCE GROUP.

Supreme Court of Virginia.

April 21, 2000.

Attorney(s) appearing for the Case

Morgan W. Campbell, Falls Church (R. Craig Jennings; Brandt, Jennings, Roberts, Davis & Snee, on brief), for appellant.

Julia B. Judkins (Trichilo, Bancroft, McGavin, Horvath & Judkins, on brief), Fairfax, for appellee.

Amici Curiae: Virginia Trial Lawyers Association (Christopher A. Meyer, on brief), Mechanicsville, in support of appellant.

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

COMPTON, Justice.

In this motor vehicle insurance case, we consider whether an insured's release of a tort claim against the tortfeasor also operates to bar the insured's contract claim against his insurer for medical expenses arising from the accident in question.

The facts are undisputed. In 1994, appellant John A. Berczek was injured as the result of negligence in an automobile accident in Fairfax County. At that time, he was the named insured under a ...

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