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SLAGLE v. HARTFORD INS. CO. OF THE MIDWEST

Record No. 031052.

594 S.E.2d 582 (2004)

267 Va. 629

Norman H. SLAGLE v. HARTFORD INSURANCE COMPANY OF THE MIDWEST.

Supreme Court of Virginia.

April 23, 2004.

Attorney(s) appearing for the Case

Robert L. Mills (Rutter Mills, on brief), for appellant.

Gary Bryant (Kevin L. Keller; Andre D. Wiggins; Willcox & Savage, on brief), Norfolk, for appellee.

Present: All the Justices.

KOONTZ, Justice.

In this appeal of a declaratory judgment action, we consider whether an injured person who did not previously occupy or immediately intend to occupy an insured motor vehicle was "using" the insured motor vehicle within the meaning of Code § 38.2-2206(B) at the time he was injured and, thus, entitled to underinsured motorist coverage.

BACKGROUND

The material facts are undisputed. On November 18, 1999, at approximately 5:00 a...

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