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DYER v. DAIRYLAND INS. CO.

Record No. 031532.

594 S.E.2d 592 (2004)

267 Va. 726

Lenna Jo DYER v. DAIRYLAND INSURANCE COMPANY.

Supreme Court of Virginia.

April 23, 2004.

Attorney(s) appearing for the Case

Matt Danielson (J. Thomas McGrath, Law Office of Tom McGrath, on briefs), for appellant.

Paul C. Kuhnel (Wooten & Hart, on brief), Lexington, for appellee.

Present: All the Justices.

G. STEVEN AGEE, Justice.

In this appeal we determine whether the plaintiff's recovery for the negligence of one tortfeasor under the liability provision of an automobile insurance policy precludes recovery under the underinsured motorist provision of the same policy for the negligence of a joint tortfeasor.

I. BACKGROUND AND PROCEEDINGS BELOW

Lenna Jo Dyer ("Dyer") was the passenger on a motorcycle owned and operated by Kerry B. Atkinson ("Atkinson...

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