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ATKINSON v. PENSKE LOGISTICS

Record No. 032037.

596 S.E.2d 518 (2004)

268 Va. 129

William ATKINSON v. PENSKE LOGISTICS, LLC, et al.

Supreme Court of Virginia.

June 10, 2004.

Attorney(s) appearing for the Case

Michael Salasky, Norfolk, for appellant.

Robert B. Delano, Jr. (Sands, Anderson, Marks & Miller, on brief), Richmond, for appellees Penske Logistics, LLC, Penske Truck Leasing Co., L.P., and Old Republic Ins. Co.

No brief or argument for appellees State Farm Mut. Auto. Ins. Co., Allstate Ins. Co., Government Employees Ins. Co., or Etta Brunell.

Present: All the Justices.

DONALD w. LEMONS, Justice.

In this appeal, we consider whether the decision by a single named insured on a business automobile insurance policy to waive uninsured motorist insurance coverage higher than the statutory minimum is binding upon all other named insureds on the policy under Code § 38.2-2206.

I. Facts and Proceedings Below

On May 19, 2000, William Atkinson ("Atkinson"), an employee of Penske Logistics, Inc., which has since merged...

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