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ASPLUNDH TREE EXPERT v. PACIFIC EMPLOYERS

Record No. 040797.

611 S.E.2d 531 (2005)

269 Va. 399

ASPLUNDH TREE EXPERT COMPANY v. PACIFIC EMPLOYERS INSURANCE COMPANY.

Supreme Court of Virginia.

April 22, 2005.

Attorney(s) appearing for the Case

D. Hayden Fisher (Temple W. Cabell, Richmond; Jayne A. Pemberton, Washington, DC; Schaffer & Cabell, on briefs), Richmond, for appellant.

Douglas M. Palais (Charles G. Meyer, III; Mike F. Melis; Craig T. Merritt; LeClair Ryan; Christian & Barton, on brief), Richmond, for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and COMPTON, S.J.

KOONTZ, Justice.

In this appeal, we consider whether the chancellor erred in determining that the trial court retained jurisdiction in a pending declaratory judgment action brought by an insurer to determine its obligations under its business motor vehicle liability insurance policy after the insurer funded a settlement of the underlying tort action brought against the policyholder by an injured party. We further consider whether the chancellor erred in determining...

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